For many homebuyers, especially first-timers, it’s easy to get swept up in the excitement of finding your home. In a bid to secure “the one,” you may be tempted to waive your right to a home inspection.
Unfortunately, waiving a home inspection comes with hefty risks. Without a professional eye to uncover hidden issues, you could be agreeing to purchase costly surprises. And when decades of your savings are on the line, those surprises are anything but minor inconveniences.
The inspection contingency is designed to provide buyers with a window of time to identify and address structural, mechanical, or safety issues before finalizing the purchase. When you waive it, you’re essentially agreeing to accept the property as is, regardless of any potential problems that may be lurking beneath the surface.
If you’re thinking about waiving a home inspection in South Carolina, a real estate lawyer in South Carolina can walk you through your options, review your contract, and help you determine whether it’s worth the risk.
What Does It Mean to Waive Home Inspection Contingency?
In home purchases, there’s a built-in “safety net” called a home inspection contingency. This allows the buyer to have a professional inspect the property, checking everything from the foundation to the roof before the deal is finalized. If serious issues are found, the buyer can usually renegotiate the price, request repairs, or even walk away from the deal without penalty.
However, when you waive a home inspection contingency, you’re giving up that safety net. In practical terms, your offer becomes “as-is,” meaning you accept the property in its current condition on the day of closing.
This can make your bid more attractive to a seller, but it also shifts all the risk onto you. If something goes wrong after you’ve moved in, you can’t point back to that contingency to get out of the deal or demand repairs.
That’s why, before you decide to forgo this important contingency, it’s wise to talk with a real estate lawyer in South Carolina who can walk you through exactly what rights and remedies you’re trading away.
Common Problems That Go Undetected Without an Inspection
Home inspectors are trained to identify things that the average buyer may not notice. Here are just a few common (and costly) issues that often go unnoticed without a proper inspection:
- Foundation cracks and structural damage
- Roof deterioration or leaks
- Outdated or unsafe electrical wiring
- Plumbing problems and hidden leaks
- Mold, termite damage, or other infestations
- HVAC system failures
Repairs for any one of these issues can easily run into the thousands of dollars. Without an inspection, those costs fall squarely on your shoulders.
Legal Liability: Can You Sue After Waiving Inspection?
When you waive a home inspection, you’re essentially agreeing to buy the house in its current condition, for better or worse. That means you’re taking on more of the risk. But it doesn’t mean the seller is off the hook for everything.
If the seller knew about a serious issue, like a leaking roof, foundation cracks, or black mold, and intentionally hid it or failed to disclose it when they were legally obligated to, you could still have a case. This falls under what’s known as fraudulent misrepresentation or failure to disclose.
The challenge is proving it. You’d need to show that:
- The defect existed at the time of sale,
- The seller was aware of it, and
- They intentionally withheld that information from you.
That’s not always easy to do, especially if there’s no inspection report documenting the issue early on. That’s why we strongly recommend consulting with a real estate lawyer in South Carolina before signing anything, especially if you’re considering skipping the inspection. A quick consultation now could save you from a long and expensive legal battle later.
How a Real Estate Lawyer in South Carolina Can Protect You
At Savage, Royall & Sheheen, LLP, we always recommend consulting with a qualified real estate lawyer before waiving any contingencies, especially the inspection contingency. A real estate attorney can:
1 . Review Your Contract
Before you sign, we’ll review the purchase agreement with you to ensure you fully understand what you are agreeing to. If you are considering waiving a home inspection, we will explain exactly what rights you might be giving up and what that could mean in the long run.
2. Ensure Sellers Disclose What They Are Supposed To
South Carolina law requires sellers to disclose certain issues with the property. We ensure that you receive the disclosures you are entitled to and that they are not hiding anything that could come back to haunt you.
3. Spot Red Flags Early
With hundreds of real estate deals under our belt, we recognize the signs of potential trouble. Whether it’s vague language in the contract or missing inspection reports, we will flag issues before they turn into expensive surprises.
4. Negotiate Protections (Even in ‘As Is’ Deals)
Just because you are buying a home, “as “is” doesn’t mean you can’t protect yourself. We can negotiate terms such as repair credits, disclosure statements, or language that limits your liability in the event of hidden defects later on.
5. Help if Something Goes Wrong Later
If you move in and discover serious problems that the seller failed to disclose, we’re here to help you understand your legal options and determine what’s fair. Having an attorney already familiar with your purchase can be a huge advantage.
Contact Our Real Estate Lawyer in South Carolina
Buying a home is one of the biggest investments you’ll ever make, so it’s wise not to take unnecessary risks. If you’re considering waiving a home inspection contingency or you’re dealing with the fallout of having done so, contact the experienced team at Savage, Royall & Sheheen, LLP at 803-432-4391 to request a consultation.