Contingencies are designed to protect you
Contingencies
Your offer to purchase will be dependant (contingent) upon certain
things occurring, or certain conditions existing. Contingencies are
designed to protect you. You will be able to cancel your contract if
conditions described in your contingencies are not met. If you're
working with a real estate agent, she will likely be using a standard,
printed form containing a number of boilerplate (standard, typed)
contingencies. If the boilerplate doesn't adequately describe your
particular situation, you'll want to add verbiage accordingly.
Financing
If you need to obtain a loan to purchase the
property, the purchase will be contingent upon you obtaining financing.
Your offer will contain a financing contingency.
Title
Key to creating value in real property is that it
be freely transferable. There should be no dispute as to who has rights
to the property. It would be extremely unusual if a title contingency
were not in the boilerplate of the contract. Be sure it is.
Inspections
The inspection contingencies you incorporate into your contract depend
upon your particular situation and the property you're considering
purchasing. Regarding physical conditions, older homes usually require
more inspections than newer ones. Regarding intended use, you'll want
to check local zoning laws if you plan to use part of your home for
commercial purposes. Don't assume you'll be able to add that extra
bedroom or work shed. If possible, make your offer contingent upon
obtaining the appropriate building permits before closing the
transaction.
Common Physical Inspection Items
Consider these common problem areas when making an offer on a
home. You might want to incorporate one or more of these inspection contingencies into your
offer.
- Drainage
- Poor drainage can be corrected by
repairing or replacing gutters and downspouts. Over time, the
surface of the soil may have changed enough to require grading to
direct water away from the structure.
- Environmental Hazards
- The federal Real Estate Disclosure and Notification Rule
requires that sellers disclose to prospective buyers any known
information and reports about lead-based paint and lead-based paint
hazards. The seller, however, may not be aware of existing information
or reports. If you're buying a home constructed prior to 1978, you
might consider an inspection.
Asbestos, formaldehyde, radon gas, fuel or
chemical storage tanks and contaminated soil or water are other
potential conditions which would warrant inspections.
- Heating Systems
- All heating and cooling systems
eventually have to be replaced. Long before the need for a new
heater becomes obvious, however, the heating system may become
dangerous. Consider having carbon monoxide detectors installed
near the heater and in the bedrooms.
- Plumbing
- Distribution piping, waste lines and fixtures make up the
plumbing system in a house. Distribution piping deteriorates over time
and is a common problem in older homes. Iron pipes last approximately
forty-five years, and the norm is to replace them as needed.
Replacement pipes are usually copper. At the joints between iron and
copper pipes, look for rust and mineral deposits. This is evidence of
deterioration due to galvanic action resulting from the lack of
electrolytic coupling at the joints. In the case of brass pipes, over
time the zinc in the brass dissolves into the water, leaving small
holes in the pipe. The minerals in the water may eventually seal these
holes, but pipes with this condition should be replaced.
- Roof
- An
asphalt shingle roof can be expected to last from seventeen to twenty-two years; a
wood-shake roof--approximately forty years. Look closely for newly
painted ceilings (especially in closets) which might cover
telltale stains caused by roof leaks. Leaks often occur next to
flashing around vent pipes and chimneys.
- Ventilation and Insulation
- Attics are often uninsulated or not completely insulated. A
well-insulated attic will reduce heat loss in winter and heat gain in
summer. Ventilation helps prevent moisture build-up.
Crawl spaces, like attics, should be insulated and ventilated for the
same reasons. Crawl spaces usually have dirt floors, and plastic
sheeting is sometimes recommended to help control moisture build-up.
- Wiring
- Make sure circuit breakers are designed for the circuits they
are protecting. It is not unusual to find twenty- and thirty-amp
circuit breakers or fuses protecting circuits with fewer amps. This
condition can lead to an overload. Overloaded circuits are a fire
hazard.
Many homes built between 1965 and 1973
contain aluminum wiring. Aluminum wiring is a fire hazard,
according to the Consumer Product Safety Commission. An
electrician can pigtail (attach) short copper strips to the ends
of the aluminum wires and secure them with special safety
connectors to correct the problem. This should only be attempted
by an electrician.
- Other common problem-areas include:
-
- Damaged exterior steps and paths: A physical safety hazard found in 9 out of 10 homes.
- Wet Basement: Found in one of every two homes with basements.
- Fire safety hazards: Found in almost one in three homes.
- Termites: Found in almost one in four homes in areas with termites.
- Hazardous steps and stairs: Found in more than one in five homes.
- Water heater--missing controls and improper installation: Found in one in five homes.
- Windows with damaged sash cords: Found in one in five homes.
- Garage problems: Found in
almost one in five homes.