When a buyer goes under contract to purchase a home in Texas, they gain specific rights to inspect and investigate the property. These rights are clearly outlined in the standard Texas Real Estate Commission (TREC) One to Four Family Residential Contract, particularly in Paragraph 7. This contractual agreement provides buyers with a crucial period for due diligence, ensuring they have a comprehensive understanding of the property’s condition before finalizing the purchase.
Unfettered Access, with a Caveat
Under the TREC contract, a buyer has an unfettered contractual right to access the property. This right extends not just to the buyer but also to their agents, which includes real estate agents, inspectors, and other professionals working on their behalf. The purpose of this access is to allow for a full investigation of the house.
There is one important condition: this access must be granted at reasonable times. This prevents a buyer from showing up unannounced or demanding access in the middle of the night. It ensures that the inspection process is conducted in a way that respects the seller’s right to privacy and peace.
Who Can Inspect the Property?
Paragraph 7 also specifies who is permitted to conduct these inspections. It requires that inspections be performed by licensed inspectors or individuals “otherwise permitted by law.” While a professional home inspector is the most common choice, this broad language allows for other specialists to assess the property’s condition. For example, a licensed plumber can inspect the plumbing system, and an engineer can evaluate the structural integrity. This provision ensures that buyers have the flexibility to bring in experts for specific concerns, whether it’s for a foundation check or a pest inspection. It could even be argued that an interior decorator, as a professional “permitted by law” to do their job, could be granted access to plan renovations.
The Importance of Due Diligence
The rights granted under Paragraph 7 are vital for the buyer’s protection. They provide an opportunity to uncover potential issues that may not be apparent during a simple showing. A thorough inspection can reveal hidden problems, from minor repairs to major structural or system failures. If a buyer discovers significant defects, they may have the right to negotiate repairs with the seller or, depending on the contract terms and the option period, even terminate the contract. This due diligence period is a fundamental part of the home-buying process, helping buyers make an informed decision and avoid costly surprises after closing.