Should Invasive Inspections Be Specifically Disclosed?

Q: In OREF 001 – Residential Real Estate Sale Agreement, Section 12.2(a) requires that invasive inspections be disclosed in advance. However, it’s becoming more common to see general language like “home inspection” used instead of specifying invasive inspections. If an invasive inspection is not disclosed, but the buyer later wants to perform one, how should that be handled? Should agents still be specifically disclosing invasive inspections?

A: Yes. Invasive inspections should still be specifically identified in Section 12.2(a). An invasive inspection is one that changes, damages, or removes any portion of the property. This section is intended to notify the seller, before accepting the offer, of any invasive inspections the buyer may wish to conduct during the inspection period. If an invasive inspection is not identified, the seller has not agreed to permit it under the terms of the Sale Agreement. If the buyer later requests an invasive inspection, the seller may deny access unless the parties first enter into a separate written agreement authorizing the inspection.

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