Bar Bulletin

Bar Bulletin

Form 35 Home Inspections From the Seller Perspective

August 2021 Bar Bulletin

By Kary Krismer

As of this writing 2021 continues to be a supercharged year for residential real estate sales. One consequence has been fewer buyer Form 35 inspection contingencies and many sellers limiting inspections to an inspection they commissioned, or none at all. Are these reasonable practices, or evidence of sellers being either greedy or misinformed?

On first impression an offer not containing Form 35 would seem to be good for sellers. The Form 35 inspection period can be stressful for a seller and gives buyers significant power to back out or negotiate new terms. There are, however, benefits to sellers who allow inspection rights...

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