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Writing an Offer – Safeguards Regarding the Property

* Disclosures From the Seller
* Condition of the Property Upon Transfer
* Inspections
* Final Walk-Through Inspection

Disclosures From the Seller
Within the first couple weeks of the escrow, the seller provides the buyer with a disclosure, which tells you everything the seller knows about the property. It tells if anything has been repaired or if anything is currently broken. This form protects both the seller and buyer of Hawaii real estate. If there is anything you don’t like on the disclosure, you can choose to cancel the escrow, or ask the seller to make a repair of some kind.

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Condition of the Property Upon Transfer
In the contract the you can ask the seller to keep the property in the same condition as the day you agreed to buy it. Sometimes this isn’t possible because there is a tenant, or the seller is absent. If you have made an agreement to buy and the property changes before closing, you may earn the right to cancel the escrow, even near the close of escrow.

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You have the right to inspect the property before closing, and you should use a professional inspector to do so. There are several good inspectors in Hawaii, and when the time comes to inspect the house, you will receive a report showing all the results of the home inspector’s work. Once you have had your new Hawaii home inspected, you can ask the seller to make repairs.

Often in Hawaii a buyer will accept a home in “as is” condition, even after finding a lot of problems with a house. This is usually if the price is below the market or the buyer is extremely motivated. Usually an inspection will reveal only minor issues with a house that a seller is happy to address, so it makes sense to at least ask the seller to make the repairs or provide a credit in escrow.

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Final Walk-Through Inspection
Just a few days before escrow closing the buyer has the right to walk through the house again to see if the house is in the same condition as the day you entered the contract. Also this is the time when you should make sure that the seller has performed any repairs that were requested.

If you’re not able to go to the inspection, you can have someone else do the final walkthrough for you. You can request your Realtor (me) or an inspector do the walkthrough. However an inspector is going to charge you extra. The final walkthrough isn’t the time to try and discover new things that you may have missed before. It’s the time to see if the house is the same as when you saw it before.