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New York State bill would create 10-day period for homebuyers to exercise right to get an inspection

Posted at 6:49 PM, Jun 07, 2024

BUFFALO, N.Y. (WKBW) — Home inspectors are advocating for new legislation that would make it illegal to use waiving a home inspection as a negotiating tool.

"The point is to make sure the client, the buyer knows exactly what they're buying," explained Henrey Jetty, President of the New York State Association of Home Inspectors.

He said inspectors spend a lot of time going over every area of a house inside and out and as they work their way through the house they document the good and what needs to be addressed.

According to Jetty, some of the potential problems include termites, mold in the attic, structural foundation issues, or things that the seller may have hidden.

He is one of many advocating for the "Right To Home Inspection Bill" which would make it illegal to use waiving a home inspection as a negotiating tool when buying a house.

Some homebuyers have been waiving an inspection to sweeten their offer. But now, one of our lawmakers is trying to protect your right to a home inspection.

Proposed bill aims to prevent New York State homebuyers from purchasing a home without an inspection

Real Estate Agent Britt Konczyk with MJ Peterson says a lot of her clients are buying homes without an inspection.

"I would say at least half the offers I put together do wave it...just due to the shortage of homes it's often a tool we use to improve our offer," said Konczyk.

She said it's not usually a good idea to skip the inspection.

"I think they are trying to protect consumers from making a pretty important decision in their life and at least be knowledgeable about what's wrong with the house," said Konczyk.

NYS Assemblymember Monica Wallace introduced the "Right To Home Inspection" bill which would create a 10-day period for buyers to exercise the right to get an inspection, "and neither the seller or the real estate agent can encourage you or condition the purchase of the property on the right to inspection," she explained.

Wallace said she has heard from numerous home buyers who end up with costly problems after skipping an inspection.

"They're either left having to buy a home that they're not going to be able to fix up which would put them in potential financial ruin or they have to then breach the contract and lose money. It's really a difficult situation," said Wallace.

A situation Jetty says can easily be avoided with an inspection.

"The home inspector is going to take that headache away real quick because you're going to know what you're going to be buying," said Jetty.

Wallace said she introduced the bill earlier this session and still needs a sponsor in the Senate. She said she plans to prioritize it next year. She also said, this does not force anyone to get an inspection, it just mandates the 10-day period when they can and takes it off the table as a negotiating tool.

You can find more information here.