BIC TIP #1271: You Break It, You Bought It

You break it, you bought it. Well, sort of. In this BIC TIP, Stephen Long reminds buyers and buyer agents that under the Offer to Purchase and Contract, if a buyer’s inspection causes damage to the property, the buyer is responsible for repairing it and restoring the property to its original condition, whether they buy the house or not.

Every Inspection Counts

It does not matter which inspection is happening. Home inspection, radon, termite, or anything else the buyer orders during due diligence, the rule is the same. If the buyer’s inspection damages the property, the buyer owns that problem.

The seller agreed to let the buyer’s people into the house. They did not agree to let them leave it in worse shape than they found it.

The Classic: A Foot Through the Ceiling

Stephen has seen this play out in a lot of different ways, but the classic is the home inspector in the attic who misses the joist. One wrong step, the foot goes through the drywall, and now there is a hole in the ceiling and a mess on the floor below.

Under the contract, that repair is the buyer’s responsibility. The buyer may then have a conversation with the inspector about who ultimately pays, but as far as the seller is concerned, the buyer must make it right.

Walking Away Does Not Erase the Damage

If the buyer goes on to purchase the property, fixing the damage is fairly straightforward because it is about to be their house. They can fix it at whatever point makes sense.

But if the buyer terminates and does not purchase the property, they are still legally obligated to repair those damages per the contract. Terminating during due diligence does not let a buyer leave a hole in someone else’s ceiling on the way out the door.

The Practical Takeaway

Buyer agents, make this part of your conversation before inspections begin. Let your buyers know that they are responsible for any damage caused by the inspectors and vendors they hire, and encourage them to use reputable, careful professionals.

Listing agents, if damage happens, document it promptly and in writing. Clear communication up front keeps a hole in the drywall from turning into a hole in the deal.

This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.