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From the Hotline
by Christopher A. Combs
Copyright 2004, all rights reserved. The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


No right to inspect after expiration of inspection period

Question: After the inspection period has passed, the Buyer reads a newspaper article on the dangers of mold. The Buyer is demanding the right to inspect the home for mold. Does the Buyer have the right to conduct a mold inspection after the inspection period has passed?

Answer: No. Under lines 228-229 of the Contract the Buyer has to conduct all inspections during the inspection period. Therefore, the Seller does not have to permit a mold inspection by the Buyer. Note: If a Seller is going to permit any additional inspections such as a mold inspection after the inspection period has passed, the Seller and Buyer should execute an amendment to the Contract. This amendment should provide that the inspection period is extended for a specific time period only to permit the additional inspection, should provide that the Buyer has no reasonable disapproval right regarding this additional inspection, and should provide either for the immediate release of the earnest money to the Seller or the deposit by the Buyer of additional earnest money.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission from Arizona Realtor Digest, 2004.


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