Sunday, January 23, 2011

Buyer's Inspection Seller's Rejection?? Louisiana Disclosure Laws.....

In Louisiana, when a residential sale occurs, the law requires the seller to disclose any defects of their property and where ever posible disclosure of maintenance practices that may be of value to the potential owner to be knowledgable of the property so they may successfully carry on where the seller leaves off in the care of the house they are considering for purchase. Often times a seller feels that this law is the death of the possibility of the sale of their home. Truth be told the law was inacted to protect consumers which includes both the seller & the buyer. 

Majority of the sales of real estate are sold "AS IS" in the state of Louisiana. Once the seller has provided to the best of their knowledge any and all information on the condition of the house they are selling they have fullfilled the requirement of the law required in most sales transactions. Be it something as simple as a $10 item in a department store to a car, or in this case a house, it is only fair the buyer should be afforded the right to be presented with what the product is and the quality thereof to make an educated decision on the value of spending thier money on the item being offered for purchase. Likewise the buyer also has the option to examine the product for themselves or with a family member or friends to get input if they feel they need to. Further, it is always a good idea for the buyer to obtain the services of a "Home Inspection Service" that is licensed & certified in the state of Louisiana. These professionals are trained to evaluate the condition of the property and give the buyer insight on the general condition of the home. Although seller's may see this evaluation as a bit of a threat to the sale of their home it truly is a valuable service that can protect both the seller and the buyer. The buyer for example is usually given a period of time to inspect or evaluate the property usually over a period of 10 days after the accepted purchase agreement. It is at this time the buyer can decide if they wish to continue with the purchase of the offer they have made. On the other hand this period once expired gives the seller the protection of the purchase offer being sealed and secures a sale that is locked in. Simply stated once the allotted time for inspection has expired both parties generally agree to finalizing the terms of the purchase agreement between the two parties.  It is not unusual, and is even encouraged that the seller prior to placing thier home on the market for sale have a "Home Inspection" done so that they can prepare the house for marketing by eliminating any items they may not have been aware of that could be issues, thus insuring a better chance of passing a buyer's inspection upon receiving an offer. So, whether you are buying or selling, talk to your Realtor about "Home Inspections" and direction on some of the local inspection services they may be familiar with to give you several suggestions to choose from!!

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