Paragraph 11 of the Regional Sales Contract states, "The purchaser has the right to a presettlement inspection at which time the Seller shall have all utilities in service." Paragraph 3, however, states that the "Seller shall deliver the Property in substantially the same condition as on the contract date and in broom clean condition." How does this affect me as the buyer or seller of a home?

1. If a purchaser chooses not to have a home inspection do not assume that they have waived their rights to a walk-thru inspection. It is common to have home inspectors accompany purchasers on walk-thru inspections and request that all mechanical system items be repaired or an amount of money be escrowed for repair of these items at settlement.
   

2. It is to the advantage of both buyer and seller to have an inspection within the first 10 days of contract ratification. This inspection will alert the seller to the necessary mechanical repairs, which would still be required as a repair at a walk-thru inspection.
   

3. It is common in a competitive market to have buyers choose not to have inspections. Have your Real Estate attorney look closely at Paragraph 3 and 11 to help you determine the best way to proceed. Remember that many items in contracts can be changed to come to a meeting of the minds.