John, the firm's lead attorney, discusses a buyer's options after receiving a home inspection report on the home they want to purchase.

Let’s say you found a home you want to buy and made an offer that was accepted by the seller. 

Generally, it’s a good idea for buyers to get a professional home inspection to know what they’re buying. But what if the inspector finds issues that you can’t live with? Can you ask the seller for repairs or concessions? 

The answer begins with the way your purchase contract is written. If it includes an inspection contingency, you have right to cancel or negotiate after an undesirable home inspection. In Illinois, most standard contracts include this contingency. 

So the answer is yes, if your contract has this contingency and your inspection reveals undesirable conditions...then yes, you can ask for repairs or financial concessions.

But there’s a caveat: You can ask the seller for major repairs, but not for issues related to wear and tear or cosmetics. 

The contingency is designed to help buyers address items that are safety hazards and those that don't work, like a broken appliance, a malfunctioning HVAC system, or a cracked foundation.

It is not supposed to be used for items that are old but working perfectly well, like a 10-year-old refrigerator that still works and does what it’s supposed to do. 

What if something in the inspection report really bothers you, can you ask the seller anyway?  

Of course, you can ask – but it's a gamble. The inspection contingency gives the buyer and the seller the right to cancel the deal. 

The seller might agree to your ask, make a counteroffer, or refuse to address it. Or they might decide to walk away altogether, particularly if there are other buyers on the line.

So, before you ask for repairs or concessions outside of a contingency, consider your seller and the circumstances around the purchase. Then talk it through with an experienced closing attorney, someone who regularly negotiates real estate deals.  

If you’d like to learn more about buying and selling real estate in the Chicago area, schedule a call with Mike Wasserman or John Aylesworth. We’re here to help you close with confidence.