January 2020
Virginia is a “caveat emptor” or “let the buyer beware” jurisdiction. How does this affect buyers when looking for a new home? Sellers cannot actively conceal or divert buyers away from defects or lie outright if asked about an issue. At the same time, they are not obligated to reveal flaws with the home to buyers or their agent. They are only required to disclose information according to the Virginia Residential Property Disclosure Act.
These disclosures include:
• Is the property located in any locality with a military air installation?
• Is there defective drywall?
• Are there any pending building code or zoning ordinance violations?
• Was the property used to manufacture methamphetamine?
• Are the septic system operating permits valid?
The responsibility to make an informed home purchase lies with the buyer. This is one of your most valuable assets. It is extremely important to give due diligence through inspections before closing on the property.
So, how do you protect yourself as a home buyer? The most common method is the home inspection conducted by a licensed professional. Keep in mind, the home inspector is a generalist. Depending on the findings of the home inspection, specialists may be needed to dive deeper into specific areas of the home. Here are just a few common areas where further investigation beyond the general home inspection may be needed.
Pests. Pest inspectors will thoroughly inspect your home for signs of rodents/pests with a focus on the basement, laundry room, kitchen and/or attic. Since mice, for example, make their homes in warm places and use ducts and pipes as their highway system, be sure to inspect the HVAC system. A pest inspection during the home inspection period is critical to getting any issues addressed by the seller. This pest inspection is in addition to the wood destroying insect (WDI) inspection noted in the sales contract.
Pipes. If you are buying a home, especially one over 50 years old, having a plumber scope your sewer pipe is essential. Baby wipes, tree roots and corrosion may cause sewer back-ups over time. Since replacing a sewer pipe can cost between $8,000 and $20,000, scoping the pipe is worth the investment and provides peace of mind.
Chimneys. Common chimney problems include creosote build-up, cracks in the flue and terracotta lining, mortar crumbling and falling out, cracks in the crown, broken dampers or missing caps. A stainless steel lining is often recommended which can cost roughly $2,500-$3,000, in addition to other necessary repairs. After you move in, an annual inspection is recommended to keep up with the maintenance and safe operation of your fireplace.
Attics. Never forgo a crawl through the attic. While you are up there, check the insulation. Has it been replaced or still the original insulation? If it’s the latter, it will most likely need to be replaced. Next, check for water spots on the roof decking or any structural issues with the trusses. Is there a working attic fan? A roof vent? Screens to keep animals out or any rodent droppings? None of this makes for friendly cocktail party conversation, but it will protect you from inheriting unpleasant and costly surprises.
Ultimately, it’s best to learn as much as possible about a home before you buy it- especially in Virginia’s ‘buyer beware’ state. Contact me for more tips on how to effectively inspect your next home, and equally important, how to negotiate the home inspection contingency when issues are found that need to be addressed.
Do you have any unique ‘buyer beware’ stories from when you purchased or sold your home in a “buyer beware” state? We’d love to hear about it in the comments.
If you’re considering buying, selling, or investing within the Virginia or Washington DC market, I’d be happy to schedule a time to meet for a free, no obligation consultation. Contact me at [email protected] or 703-798-1803.
