For most buyers, the inspection contingency is the most important protection in the offer. It gives you time to have the home professionally inspected and a defined way to respond if something serious turns up.
What the contingency does
On the WB-11 Residential Offer to Purchase, the inspection contingency gives the buyer a set number of days after acceptance to complete inspections and deliver a written notice of any defects they object to. The number of days is negotiated, so it’s worth deciding in advance how quickly your inspector can get in.
What counts as a “defect”
The WB-11 defines a defect as a condition that would have a significant adverse effect on the value of the property, that would significantly impair the health or safety of future occupants, or that, if not repaired, removed or replaced, would significantly shorten or adversely affect the expected normal life of the premises. Cosmetic issues and normal wear generally don’t qualify.
The seller’s right to cure
Depending on how the offer is written, the seller may have the right to cure the defects you list, meaning they can choose to repair them in a workmanlike manner before closing. If the seller doesn’t cure, or if the offer doesn’t give them that right, the buyer may be able to terminate. Your agent can explain the options you’ve selected on the form.
Tips for buyers
- Schedule the inspection immediately after acceptance; deadlines run on calendar days.
- Add specialized inspections when warranted: radon, sewer lateral scope, or well and septic testing for rural homes.
- Focus your notice on true defects. A long list of minor items weakens your negotiating position.
- Read the seller’s Real Estate Condition Report alongside the inspection report.
Tips for sellers
A pre-listing inspection can surface problems before a buyer does, giving you time to repair or price accordingly. Learn more in our guide to getting your home ready to list or on our seller page.