What Should You Expect From A Pre-purchase Inspector When Acquiring A Home
The contract with the pre-purchase inspector is a service contract. As such, the latter should act in the best interests of his client, that is to say with prudence, diligence, and in accordance with customary practice and good practice.
But what does the pre-purchase inspection consist of? Essentially, it is a physical inspection of the visible and easily accessible components of the different parts and systems of a building. It aims to identify apparent defects that affect the building or reduce its use and value.
It is therefore a general inspection and not expertise.
The purpose of the pre-purchase inspection is to identify the elements which are not working or which are not functioning correctly, to discover the signs of breakage, or defects, and to inform you of them. In the event of significant clues or serious doubts, the prudent inspector should refer you to a competent expert.
At the end of the examination, the inspector must give you a report; the latter constitutes a written, complete and detailed report of his findings accompanied by photographs. In particular, this report should include enlightening comments on the defects observed – in particular those which require urgent or major fixes, or in-depth expertise.
Practically and to illustrate the words of this article, recent decisions on the matter have ruled on the responsibility of a pre-purchase inspector:
Is the Pre-purchase Property Inspection Mandatory?
With the increase in claims for latent defects in recent years, this question is all the more relevant. In short, is it mandatory to carry out a pre-purchase inspection before acquiring a building? In addition, to possibly have recourse for latent defects against the former owners of the building, do you necessarily have to have carried out a pre-purchase inspection?
The answer to these questions is no. Although it is strongly recommended, a pre-purchase inspection is not mandatory before the acquisition of a building. The choice of whether or not to carry out a pre-purchase inspection is therefore up to the buyer.
However, even before the idea of a possible recourse for latent defects, the pre-purchase inspection certainly allows you to reduce the risks associated with the past and current condition of the building you wish to acquire. A pre-purchase inspector generally has sufficient knowledge to carry out a brief and careful examination of the building. In principle, he will be able to identify apparent signs of a defect and, in certain circumstances, if he suspects a more serious or serious defect, he will be able to recommend you to a relevant expert.
With regard to preserving your rights to a possible recourse for latent defects, case law has repeatedly reiterated that the pre-purchase inspection is not an essential condition for asserting the legal guarantee of quality.
In conclusion, the choice of a pre-purchase inspector can be beneficial in the purchase of a building as long as it is competent, meticulous, and well insured.