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Indiana Inspection Response Sample

INDEPENDENT INSPECTION RESPONSE

BUYER'S INSPECTION RESPONSE #

1Date:

2Property Address:

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5 A. Buyer agrees to: (Initial one)

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71. Waive inspection(s) and rely upon the condition of the Property based upon Buyer's own examination.

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92. Accept the Property in the condition reported in the Inspection Report(s).

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Accept the Property provided Seller corrects the following condition(s):

 

 

 

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on or before

 

 

 

 

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Buyer shall have the right to inspect and accept Seller's repairs ■ prior to closing or ■ within

 

days

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4.

 

Other:

 

 

 

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28■ A complete copy ■ Appropriate pages of the Inspection Report is/are attached (including lead-based paint,

29mold and other biological contaminants and/or radon, if applicable).

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B. If a Response is required, the Seller shall respond on or before

 

■ A.M.

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■ P.M. ■ Noon

 

. IF SELLER FAILS TO RESPOND, OR FAILS TO REQUEST

33IN WRITINGAN EXTENSION OF TIME TO RESPOND, SELLERACCEPTS BUYER’S INSPECTION RESPONSE

34ABOVE.

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36NOTE: A timely request for extension is not an acceptance of the inspection response, whether or not

37granted. A reasonable time period to respond is required to prevent misuse of this acceptance provision.

38Factors considered in determining reasonable time periods include, but are not limited to, availability of

39responding party to respond, type and expense of repairs requested and the need of responding party to

40obtain additional opinions to formulate a response.

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42C. After compliance with selected item above, the Buyer releases and holds harmless the Seller, all Brokers,

43their companies and sales associates from any and all liability, including attorney's fees and costs, arising

44out of or related to any inspection, inspection result, repair, disclosed defect or deficiency affecting the

45Property, including but not limited to lead-based paint, radon, mold and other biological contaminants. This

46release shall survive the closing.

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BUYER'S SIGNATURE

DATE

 

BUYER'S SIGNATURE

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PRINTED

 

 

PRINTED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Property Address)

 

 

 

 

 

 

 

Page 1 of 2 (Independent Inspection Response)

8310-1005 (1/09)

 

 

 

 

 

 

 

 

 

 

55SELLER'S INSPECTION RESPONSE #

56Date:

57Property Address:

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60A. Seller responds as follows: (Initial one)

621. Seller accepts Buyer's Inspection Response #

642. Seller agrees to correct condition(s) in item #3 ■ prior to closing the transaction or ■ within

65days

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673. Seller is unable or unwilling to make the corrections requested by Buyer.

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Seller agrees to correct the following condition(s) at Seller's expense ■ prior to closing the

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transaction or ■ within

 

days

 

 

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5.

 

 

Other:

 

 

 

 

 

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B. If a Reply is required, the Buyer shall reply on or before

 

■ A.M. ■ P.M. ■ Noon

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. IF BUYER FAILS TO REPLYOR FAILS TO REQUEST IN WRITINGAN

81EXTENSION OF TIME TO REPLY, BUYERACCEPTS SELLER’S INSPECTION RESPONSEABOVE.

83NOTE: A timely request for extension is not an acceptance of the inspection response, whether or not

84granted. A reasonable time period to respond is required to prevent misuse of this acceptance provision.

85Factors considered in determining reasonable time periods include, but are not limited to, availability of

86responding party to respond, type and expense of repairs requested and the need of responding party to

87obtain additional opinions to formulate a response.

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SELLER'S SIGNATURE

DATE

SELLER'S SIGNATURE

DATE

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PRINTED

 

 

PRINTED

 

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95BUYER'S INSPECTION REPLY #

96A. Buyer replies as follows: (initial one)

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981. Buyer accepts Seller's Response.

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2.

 

SEE BUYER'S INSPECTION RESPONSE #

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3.

 

Other:

 

 

 

 

 

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105BUYER'S SIGNATURE

DATE

 

BUYER'S SIGNATURE

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108PRINTED

 

 

 

 

 

PRINTED

 

 

Approved by and restricted to use by members of the Indiana Association of REALTORS®, Inc.

This is a legally binding contract, if not understood seek legal advice. Form #17B. Copyright IAR 2009

(Property Address)

 

Page 2 of 2 (Independent Inspection Response)

8310-1005 (1/09)

File Characteristics

Fact Name Details
Purpose The Indiana Inspection Response form is used to document the buyer's response to the inspection findings of a property.
Governing Law This form is governed by Indiana real estate laws, specifically the Indiana Code Title 32, Article 21.
Response Timeline Both buyer and seller must respond to the inspection findings within a specified timeframe, usually by noon on a designated date.
Liability Release By signing the form, the buyer releases the seller from liability related to inspection results, including issues like lead-based paint and mold.

Essential Points on This Form

What is the purpose of the Indiana Inspection Response form?

The Indiana Inspection Response form is designed to facilitate communication between buyers and sellers regarding the results of property inspections. It allows the buyer to express their acceptance of the property’s condition, request repairs, or waive the inspection altogether. This form is crucial in ensuring both parties are on the same page before closing the transaction.

What options does a buyer have when responding to an inspection report?

A buyer has several options when responding to an inspection report, including:

  1. Waiving inspections and relying on their own examination of the property.
  2. Accepting the property in its current condition as reported in the inspection report.
  3. Accepting the property contingent upon the seller making specified repairs by a certain date.
  4. Providing other specific instructions or requests as needed.

Each option allows the buyer to tailor their response based on their comfort level with the property's condition.

What happens if the seller does not respond to the buyer's inspection response?

If the seller fails to respond to the buyer's inspection response by the specified deadline, the seller is deemed to accept the buyer’s response. This means that the buyer’s requests or acceptance terms will automatically be in effect, which can significantly impact the transaction.

Can a seller refuse to make repairs requested by the buyer?

Yes, a seller can refuse to make the repairs requested by the buyer. In such cases, the seller must clearly indicate their unwillingness to comply on the inspection response form. The buyer then has the option to accept the seller's response or negotiate further.

What should a buyer do if they want to inspect repairs made by the seller?

If a buyer wishes to inspect repairs made by the seller, they can specify this right in the inspection response form. The buyer can request to inspect the repairs either prior to closing or within a designated number of days after the repairs are completed. This ensures that the buyer is satisfied with the work done before finalizing the sale.

What is the significance of the release and hold harmless clause in the form?

The release and hold harmless clause protects the seller and associated parties from liability related to the inspection results and any repairs made. By signing this clause, the buyer agrees not to hold the seller responsible for any issues arising from the inspection or repairs, including potential defects or deficiencies. This provision is important for both parties to understand, as it impacts future claims related to the property.

While it is not mandatory, seeking legal advice is highly recommended when using the Indiana Inspection Response form. This is a legally binding document, and understanding its implications can help both buyers and sellers make informed decisions. Consulting with a legal professional ensures that all parties are aware of their rights and responsibilities under the agreement.

Misconceptions

Misconceptions about the Indiana Inspection Response form can lead to confusion and misunderstandings during real estate transactions. Here are ten common misconceptions and clarifications regarding the form:

  • Misconception 1: The form is only for buyers.
  • In reality, both buyers and sellers use this form. It facilitates communication regarding inspection results and necessary repairs.

  • Misconception 2: Signing the form means a buyer must accept the property as-is.
  • Buyers have options. They can choose to waive inspections, accept the property as reported, or request repairs before closing.

  • Misconception 3: Sellers can ignore the inspection response if they don’t agree with it.
  • Sellers are required to respond to the buyer's inspection response within a specified timeframe. Failure to do so means they accept the buyer's terms.

  • Misconception 4: The form guarantees that all repairs will be completed before closing.
  • While sellers may agree to make repairs, the completion of those repairs is contingent upon the terms outlined in the response.

  • Misconception 5: Buyers are responsible for the costs of repairs identified in the inspection.
  • Typically, the seller bears the responsibility for repairs unless otherwise negotiated in the contract.

  • Misconception 6: The inspection response is a legally binding contract.
  • The form serves as a communication tool, but it does not constitute a binding contract until all parties agree to the terms.

  • Misconception 7: Buyers cannot negotiate after the initial inspection response.
  • Negotiation is encouraged. Buyers can respond to the seller's inspection response, allowing for further discussion about repairs.

  • Misconception 8: The form is only relevant for major repairs.
  • Even minor issues can be addressed through this form. Buyers can request repairs for any concerns raised during the inspection.

  • Misconception 9: If a seller requests an extension to respond, they automatically accept the buyer's terms.
  • A request for an extension does not imply acceptance. It simply allows more time for the seller to consider their response.

  • Misconception 10: The form does not protect sellers from liability.
  • The form includes a release clause, which protects sellers from liability related to disclosed defects or issues identified in the inspection.

Understanding these misconceptions can help both buyers and sellers navigate the inspection process more effectively and ensure a smoother transaction.