Seller disclosure "no representation" and "no inspection"?!

Seller disclosure "no representation" and "no inspection"?!

Member since 2018 · 14 posts · 1 vote

Hi BP,

My REI partner and I are about to purchase our first two single-family homes. Our realtor got a deal on 9 homes with a wholesaler. We are buying each home for $148,000, with $500 in earnest money, and the Zillow value (which I realize isn't super accurate) is about $165,000. The out-of-state seller is making "no representation" on the disclosure statement, which, from what I understand, is not uncommon. However, the realtor is saying that we should be able to get an inspection but she cannot guarantee that we'll be able to (i.e. that it may be too hard for the property management to get the tenant to let us in in time for closing...  that part of the reason that they are being sold at a discount is because there is some risk involved, etc.).  The realtor walked through the properties and emailed us videos and a list of what she thought the necessary repairs and their costs will be on each property.  She has a good reputation locally and on BP.

If the seller claims "no representation", and we can't walk through the property, and we can't be guaranteed to get an inspection, then should just walk away from this deal?  Or should we sign the purchase agreements and simply  back out if we can't get the inspection and just lose the $500?

Thanks for your thoughts,

Pete

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Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
7y

This is your first deal?  Get it inspected or walk.

See this reply in the discussion

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  • Tyler GibsonBusiness Member
    Real Estate Agent · Orlando, FL · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    @Peter Hynes As you stated it is pretty typical for this kind of situation when dealing with a wholesaler. I would do everything you can to get an inspection in. Unless there were multiple people trying to get this deal I would try and hold off the closing until you at least know what you are dealing with. I would worry more about the reputation of the wholesaler as opposed to the reputation of your RE agent. If your agent vouches for the wholesaler then you might be ok, since they are a fiduciary and have to act in your best interest. Also I would not assume that the reason the properties are at a discount is because you can't get in to see. They are likely at a discount because they are in bad shape and could not be sold to someone using traditional lending institutions or there is some reason the property owner wants to liquidate their portfolio. I purchased a property sight unseen from a wholesaler and while I think the risk was worth it the amount of work required was about $100k more than what I had anticipated. I did this deal however because the property was being sold for about $150k less than what fair market is. If there is only about $15k in equity in the properties then your margin for error is slim. It is all a matter of risk reward. I cannot advise as to what you should or shouldn't do since very investor has a different appetite for risk. I only share my views on the situation as food for thought. Good luck to you, and Let us know how it turns out. 

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7y

    This is your first deal?  Get it inspected or walk.

  • Corby GoadeBusiness Member
    Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
    7y

    This is totally up to you. If the inspection is a deal breaker for you, your realtor needs to include that contingency in your offer and make sure you are protected. Is there a PM involved? Maybe they would have more luck or be more motivated to help you get in?

    With nine properties, you'll likely have varying degrees of success in reaching tenants for an inspection and having them be cooperative. If the contingency is in your offer, you can always ask to extend the inspection period as you gain access to each property. In my opinion, you NEED that contingency to give you time to do your due diligence, regardless of whether you gain access or not. It's a fail safe for you and will protect you and your partner. 

    If it's important to you, don't let your realtor talk you out of it or tell you it will be too difficult- this is where realtors earn their commissions- they need to do some extra legwork to make a deal like this work for their clients, especially bigger deals like this for out of town buyers. I do deals like this for my clients all of the time- if I have a client uncomfortable with the deal or the terms, we move on to the next one. 

    Best of luck!

  • Member since 2018 · 14 posts · 1 vote
    7y

    Tyler, Marc, and Corby, thanks for your thoughts!

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    Backing out and losing your EMD might be possible or ot might not. Everyone assumes losing your EMD is an option that releases your liability and thats simply not the case in most instances. If you do not fulfill the terms of a contract you enter into, you might get sued for specific performance or damages if they end up selling it for less than your contract was for.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    7y

    I'm not sure that a block deal for 9 homes is such a great deal when, even if Zillow is slightly low at average of $165,000 per (and it may be high), it sounds like you're basically a roof and a heat system replacement away per unit from full retail, and then you're saying the owner basically wants as-is but gets near top dollar for each one.  For a 9-home package that's approx 90% of full retail, I'd want assurance they are all in solid condition, no old HVAC, newer roof, recent flooring, cabinetry, etc. (or hopefully all newer so no lead paint or asbestos issues), and that existing tenant, if staying, qualifies to your criteria and has no history of late payments.  Otherwise, you may be paying a premium to take on someone else's problems.   

  • Member since 2018 · 14 posts · 1 vote
    7y

    Thanks, Russell.

  • Member since 2018 · 14 posts · 1 vote
    7y

    Thanks, Lynn.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    Sounds like you haven't actually worked out a fair market value of the houses in question. Do that first. This may be a great deal and it may be a horrible deal. Almost all rental properties have deferred maintenance and if the Zillow value is close (could be wildly off in either direction) you don't have enough spread to make this worth doing. Get better numbers.

  • Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    @Peter Hynes, hi and welcome.

    What are these properties REALLY worth if they are in A) Good condition  B) Average condition and C) Poor condition?

    If you don't know...get them inspected or walk away.

    It is not uncommon for Sellers of rentals to make "no disclosures", but it is somewhat LESS common for no inspection.  When I see "no inspections" my offers goes DOWN...FAST.  Unless I know it's a screaming deal.

    Um, okay, so how do I KNOW it's a screaming deal?

    Location, location, location: the dirt is worth the price "as is", even if the house itself is terrible.  Oh and yes...the back door / back window was left open.  (*grins)

    I find a way to get inside if it's not occupied, which often these aren't.  Not sure if that applies in this situation.  If all else fail, borrow a pizza-delivery shirt (or just buy a polo shirt and throw on a ball cap-style hat) and buy a pizza from the local pizza joint.  Act like you're delivering a pizza to the address.  Knock on the door.  If/when they open the door, peek (don't walk) inside.  Apologize for getting the "wrong" address, and offer them the pizza for nothing.  Boom...you just got look inside for $7 bucks.  Should be enough to tell if it's a total disaster.

    Everything is a negotiation in real estate.  If they insist on no disclosure and no inspections, then I would drop my offer  20% below the "Poor" condition market value.  That's the trade off stubborn Sellers should expect if they make "sight unseen" condition of the purchase.  If you don't get it, oh well.  There are only about 50 million houses in the USA.  Go find two more.

    To make purchases like this work, you must know market value.  There is no substitute for knowing what something is worth before you buy it.  Don't guess.  Get solid numbers or you're not ready to do the deal yet.

  • Member since 2018 · 14 posts · 1 vote
    7y

    Thanks, John and Erik.

    We ended up dropping this deal.

    Thanks for all the great advice folks!

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