I didn’t buy the house. Can I get a refund for the inspection?

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10/06/2015 | Author: Legal Staff

I was under contract to purchase a home, but the deal fell through. Before the contract terminated, I had the property inspected. Can I get a refund for the inspection since I didn’t buy the house?

Generally, no. To have a chance at recovering your inspection fee without an agreement with the seller to pay the fee, you would first have to demonstrate that the deal fell through due to the seller’s default. Then you may be able to convince a court to award you the fee as part of the damages that you incurred based on the seller’s default.

However, should you decide under Paragraph 15 of the TREC One to Four Family Residential Contract (Resale) to terminate the contract and receive the earnest money, you would have no further recourse to pursue the inspection fee.

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Categories: Forms, Legal
Tags: inspection fee, legal faq, buyers, consumers, forms


David Davis on 10/07/2015

Your answer is only half correct.  Yes, the buyer could get a refund, but in most cases it will not happen unless someone is obligated to refund the fee.  I suppose this is something that could be “slipped into Special Provisions” by the parties, but in over 5,000 transactions, I have never seen it happen.  I guess the real question here is could the buyer threaten to deliver the inspection report to the seller (unless the seller agrees {subsequent to contract} to pay for the report) who would then be required to disclose it’s contents any potential new buyer.  That might motivate a seller to agree to pay for the report…?

Naturally, as indicated above, if the seller somehow defaulted, then you might convince a Court to award that as part of the liquidated damages.

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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