Does seller have to provide previous inspection reports?

Question

I am in my due diligence period on a SFR in Charleston, SC. The seller purchased the house 6 months ago, but is selling now due to a divorce. Someone else had already offered on the property (and had an inspection), but their offer fell through due to financing. As part of my initial offer, I requested any previous inspection reports, even though I would get my own inspection performed before buying the property. The seller did not want to provide the reports, but I proceeded with my offer anyway.

The offer is "as-is" with an inspection clause (the seller is already bringing money to the table to close, and has indicated that they will not pay for anything that we find upon inspection). Because we are purchasing the property "as-is" the seller wanted to update their disclosure forms. The previous inspection had revealed that one of the trusses had been cut. The seller hired a contractor to repair the truss sent us a copy of the invoice (for $165).

I plan to hire a structural engineer to inspect the truss, but I sure would feel better about the purchase if I could see the other two inspections that have happened on the property within the last year. It feels like the seller is trying to hide something (considering their original disclosure omitted the truss repair), but this could just be the typical nerves that come with buying a property. Are there any rules in South Carolina requiring seller's to provide previous inspections as part of their seller's disclosure? I feel like this was a rule in Georgia, but I could be mistaken.

Thanks!

John Semanchuk · Answer

the seller does not have to show you the previous inspection. however he is required to disclose any known issues with the house including those that came up during the previous inspection.

Edit:  I just reread your original post. The inspection report belongs to whoever ordered and paid for it... It might not be the seller's to give away.

That said, I would certainly want to know why he didn't want to share it

Troy Gandee · Answer

Sorry for the delay @David Lowe. And thanks for the shout out @Russ Scheider. @John

@John Semanchuk is correct. The previous report probably belonged to the initial purchaser, actually. The seller may not have even had the reports themselves, or if the did, it was not their property to share in the first place.

When you buy a property as-is, that has a lot of legal standing in court. Unless, you asked them point blank about specific issues and they lied to you. If they say no representation or something vague, then they are probably within their right to do so, but they can not tell you there is no issue when they know there is one. If they're aware of a particular problem, they must disclose when cornered on it unless they basically "plead the 5th," in which case it is your responsibility as a buyer to perform your satisfactory DD. Caveat Emptor is very true in SC.

Ken Sypal · Answer

While it would be "nice" if you could see the reports, if it's truly a good deal and you are going to do your own inspection with a contractor/inspector that knows his stuff, I wouldn't think twice about it.  Definitely not for a cut truss if there are no other signs of damage.  The only stuff I will sweat are serious foundation issues and possible main sewer line if the house more than ~50 years old.

Brian Lobb · Answer

There's nothing wrong with asking, but I don't think they're required to provide.  However, since it's your due diligence period, you could walk away if you're uncomfortable for any reason, including the fact that they don't want to provide you with inspections.  I'm under contract right now for the second time in three months, so I've recently done a lot of due diligence stuff, mostly for free.  Had an arborist come out to inspect huge oak trees to make sure they weren't going to fall on house, and got quote on trimming them.  Had a pest control guy come out and tell me how bad a squirrel problem was in the attic and what it would cost to eradicate them and seal off the entire attic.  I think I also had an engineer come out to a different house about six years ago to inspect a floor truss in crawlspace that wasn't touching one of the ledger boards.  All of that stuff was done for free.  I even got copies of the most recent annual termite bond inspections from a termite company to make sure there weren't any weird issues there (one house I called and got it on my own; the other they wouldn't provide without seller's consent, which I also got).  Termites are bad in the entire Charleston area, and worse in some particular areas.  Anyhow, keep pressing for as much info as you can during your due diligence.  If they want to sell, they'll cooperate.

Ken Sypal · Answer

That sounds like a very motivated seller!  You should be fine then.  Good luck

David Lowe · Answer

Wow, thanks for the great responses! I have an inspector coming to the property on Thursday and the seller has agreed to pay for a structural inspection for the truss that has been repaired. I'm still learning the ropes in South Carolina, so I appreciate the feedback!

Russ Scheider · Answer

@John Semanchuk or @Troy Gandee  can you answer this question?

Does seller have to provide previous inspection reports?

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