Buyers’ Rights in California. What the RPA Actually Allows During the Inspection Period.
A common misconception in real estate—among both buyers and some agents—is the extent of access a buyer actually has during the inspection period. Most people assume inspections happen when the seller says it’s convenient and fits into the buyer’s schedule. However, the California Residential Purchase Agreement (RPA) defines the process.
Buyers Rights To Access
Section 12D of the RPA states that the seller must make the property available for all buyers’ investigations. That clause ties directly into the inspection contingency period, which is negotiated in the contract. It might be five days, ten days, or seventeen days. The number is flexible, but the structure is not.
Here’s where things start to get misunderstood. That time period is defined in days, not hours.
In theory, a buyer could access the property at any point during those days. That includes any time of day. In theory, a buyer can come in the middle of the night if they want to understand what the property is like at night. Is that practical? No. Is that how transactions normally operate? Also no. But from a contractual standpoint, the buyer’s right to access the property is broad unless specific limitations were written into the RPA and agreed to in advance.
This becomes important when a seller tries to limit access to a narrow window or pressures the inspector to rush through the job. If a seller says they will only allow the inspection between certain hours, or on certain days, or must hurry up, such a restriction violates the RPA unless it was explicitly written into the contract before it was signed. The buyer is not required to accept a two-hour window simply because it is more convenient for the seller.
That doesn’t mean buyers should be difficult. Most transactions work best when everyone cooperates and communicates. But there are moments when a buyer needs to understand that they have a contractual right to access the property, and to feel comfortable asserting their rights when necessary.
Utilities and Pilot lights Must Be On
Section 12D also addresses another issue that comes up more often than it should: utilities.
The RPA requires the seller to have all utilities on for the buyer’s investigations. That includes electricity, water, and gas, along with operational systems such as the pilot light on a water heater. Despite that, inspectors still encounter properties where the power is off, the water is shut down, the gas is disconnected, or the pilot light has gone out.
When that happens, there is often confusion about who is responsible. The contract answers that question clearly. It is the seller’s responsibility, not the buyer’s and not the inspector’s. If an inspection cannot be completed because utilities are off, the seller is obligated to correct the issue. If the inspector has to return because of that failure, the responsibility for that return visit typically falls on the seller as well, even though many buyers mistakenly assume they are the ones who have to absorb that cost.
Buyers Rights To Multiple Inspections
Another area where confusion comes up is the number of inspections a buyer is allowed to perform. The California form Buyer’s Investigation Advisory lists 37 possible inspections a buyer may have. The general home inspection is only one of them. Buyers often also choose a termite inspection and a sewer inspection. A pool inspection is another common inspection. Overall, there are 37 items on the form.
Some of these overlap with what a general inspection may already cover, but that is ultimately the buyer’s decision. The key point is that the seller does not have the authority to limit how many inspections a buyer chooses to conduct. As long as those inspections take place within the agreed-upon investigation period, the buyer has the right to have multiple different inspectors in and out of the house during the contingency period.
Sellers Rights and Buyers Obligations
At the same time, the contract does provide protection for the seller. Under Section 12d for the RPA, the seller is not obligated to move furniture, personal belongings, or stored items to accommodate inspections. If access to certain areas is blocked by furniture, the seller has no obligation to move it. The inspector can not move it. This can include rugs covering holes in floors. Or a bookcase blocking an attic hatch.
That limitation matters, especially in occupied homes, because it means the inspector may not be able to see everything. Some conditions may remain hidden simply because they were not accessible at the time.
This is exactly why the final walk-through is so important. The buyer has the responsibility to revisit the property before closing and observe anything that may be different from the time of the inspection. Areas that were previously blocked may now be visible, and any changes in condition need to be identified at that stage.
It is also important to understand that the inspector is not obligated to return for a final walk-through. That step belongs to the buyer.
The inspection period is not just a checkbox in the transaction. It is a protected window of time where the buyer has the right to fully investigate the property. The RPA gives buyers more authority than most people realize, while also setting boundaries that protect the seller.
When everyone understands those boundaries, the process tends to go smoothly. When they are misunderstood or ignored, that is when tension builds and deals start to fall apart.