A common question that we receive is what are the seller’s obligations during the home inspection process? The answers may surprise you.
Seller’s Obligations Before The Inspection
The seller does have a few obligations before the inspection begins. The California Residential Purchase Contract (commonly called the RPA) has these stipulations.
RPA Sec 12 (D) states
Seller shall make the Property available for all Buyer Investigations. Seller shall have water, gas, electricity, and all operable pilot lights on for Buyer’s Investigations
However, this same section also states:
Seller is not obligated to move any existing personal property.
Seller’s Obligations During the Inspection
While it is common courtesy for the seller to not be present during the inspection and to remove all pets during the inspection, there is no law on this.
Seller’s Obligations After the Inspection
The most commonly asked questions after the inspection are if the seller has any obligations to fix any of the items in the report. As we covered in our previous article “Does the seller have to pay for that?
The answer is mostly no.
The seller is only required to repair a few specific items.
The seller is required under California law to install smoke and carbon monoxide detectors. Read more about smoke detectors here.
The seller is also obligated to have a tanked water heater properly strapped. Read more about water heater rules here.
The seller is also obligated to have certain water-saving devices in place. Specifically low-flow toilets and shower heads. As we covered previously, it’s very difficult for a house to NOT already have these in place.
The City of Los Angeles, as well as a few other smaller cities, require the seller to install a seismic shut-off on the gas meter. Read more about gas shut-offs here.
The City of Los Angeles also requires that sliding glass doors have either tempered glass or be retrofitted with “impact hazard glazing or an approved film.” However, finding glass doors and windows that are not compliant is becoming rare.
Other Seller’s Obligations
The main obligation of the seller is to provide written disclosures. While the disclosure may have some overlap with the inspection report, they often have little to do with each other. Read more about the difference between a seller’s disclosure and a home inspection here.
Common Seller’s Obligation Myths
The main myth is the seller has to, or has any obligation to repair items in the home. As stated here and above, the seller has no obligations to fix or repair anything other than the few items listed. Anything else is up to negotiation. This is why it is important to have a real estate agent represent you.
Another myth is the seller is to provide a pool fence under the California Pool Safety Act. However, this law does not state who pays for a fence or other safety barriers.
One of the biggest debates in the last few years is whether the seller is obligated to patch holes in the walls from pictures, mirrors, or TV mounting brackets. The 2024 California Residential Purchase contract now states: Section 7 (3)(B) “seller is not responsible to repair any holes left after the removal of wall hangings, brackets, nails or other fastening devices. ”
Book you home inspection now by calling 818-298-3405 or book online here.