Buying a Home in Illinois: Inspection Contingencies in the Contract

Web Admin - Monday, November 18, 2013

A considerable amount of paperwork is involved when buying a home. To begin the process, buyers sign a detailed contract with the sellers which essentially takes the home off the market while other details--including securing financing, appraisals, and inspections--are finalized.

Two particularly important contracts often used in Illinois are the Multi-Board Residential Real Estate Contract (“Multi-Board”), which has now been released in its fifth version and the Chicago Realtors Contract.  These documents get signed by both the buyer and seller, and represent an agreement between them that the buyer will indeed buy the house, and that the seller will sell it for the agreed upon price. However, the contracts also contain sections called “contingencies,” which represent certain things that either must happen, or cannot happen, for the sale to go through.

For example, a critical contingency that the Multi-Board calls for is the Professional Inspections and Inspection Notices section. This contingency allows for the buyer to conduct, at their expense, different types of inspections of the house that they just agreed to purchase. Under the Multi-Board, a buyer may conduct, “home, radon, environmental, lead-based paint and/or lead-based paint hazards, and/or wood destroying insect infestation” inspections.

While most of the names of those inspections provide a good idea of what the inspector will examine, “home” inspections are more general. It is intended and written in the Multi Board that the home inspector goes in to examine the state of the MAJOR components house. The contract  gives some examples of what constitutes a major component:

• Heating and air conditioning

• Plumbing and well systems

• Electrical systems

• Roofs, walls, windows, ceilings, and floors

• Appliances

• Foundation

If the buyer and the seller cannot reach an agreement about how to handle the results of the inspection by ten business days after they signed the contract, then either party may cancel the contract. This makes the inspector’s job particularly important, since it requires someone who can distinguish important issues from minor or cosmetic ones. Since the real estate market changed from an ultra hot Sellers market in the early 2000s to a cold Buyers market the tenor of the home inspection issues has changed significantly. More and more deals are getting terminated over minor inspection issues. The drafters of these two Contracts specifically drafted them to avoid this decision. Often times these issues are being raised as the parties are getting bad advice from the realtor and/or the attorney involved.

But not all defects or problems may automatically allow a buyer to get out of purchasing the home. For example, under the inspection contingency in the Chicago Realtors Contract, “the Buyer agrees that minor repairs and maintenance costing less than $250 shall not constitute defects covered” by the portion of the agreement which allow a buyer to terminate the contract. In other words, squabbles over minor issues which could be solved for little money are rarely should be enough to tank the deal. Many prolonged legal disputes hinge on the exact question of whether a defect is sufficient to allow a buyer to refuse to purchase the home. This is the point when the professionals involved should provide the appropriate guidance to the Buyer(s) regarding what is acceptable to raise under the contract terms and what is not acceptable to raise.

The easy thing for the Realtor and/or attorneys involved to do is to blame the home inspector.  However, the home inspection company has a contract with the client setting forth their obligation to inspect the property in a certain manner regardless what the home inspection contingency states. It is the responsibility of the Realtor and attorney involved to translate the inspection report into the home inspection contingency limitations and set the Buyers expectations on what the Seller should reasonably be asked to repair.

Of course, home inspections represent just one of the many legal complexities surrounding the process of buying or selling a home. If you are considering going through that process, contact an experienced Rolling Meadows real estate attorney today. Our team can help you navigate the process from start to finish. We serve many northwest suburban areas including Palatine, Buffalo Grove, Barrington, and other nearby communities.

Recent Posts


Long Grove wills and trusts attorneys wills underfunded trust Palatine business attorney Schaumburg medical malpractice lawyer Crystal Lake bike accident lawyer beneficiary complications Chicago employment lawyer Crystal Lake injury attorney dram shop law Des Plaines accident attorney Arlington Heights estate planning attorney Des Plaines injury law firm unpaid assessment Rolling Meadows personal injury lawyers Palatine drug lawyer comp time Arlington Heights insurance attorney Palatine traffic lawyer IRELA pet law insurance claim dispute Barrington injury attorney probate Inverness civil lawyer IRA trust transfer Inverness estate planning lawyer elder abuse Rolling Meadows personal injury lawyer forming a corporation in Illinois medical research severance agreements Arlington Heights tax lawyer wage theft Schaumburg traffic lawyer independent contractor spinal cord injury holiday statistics social media after death truck collisions BUI FSLA Crystal Lake accident attorney life insurance lawyer Barrington business law firm liability claims Palatine employment law lawyer Deer Park personal injury lawyer commercial leases real estate contract Palatine elder law attorney Crystal Lake traffic attorney Illinois estate planning law firm estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Federal Food Drug and Cosmetic Act car crash injuries insurance agent negligence probate claims Illinois Wage Payment and Collection Act nursing home negligence mortgage Arlington Heights personal injury lawyer defective products lawyer hit and run accident Palatine workers compensation lawyer life insurance claim denial, denial of life insurance claim Illinois bicycle safety Transfer on Death Instrument Arlington Heights wills and trusts attorneys Illinois trusts attorney medical marijuana Palatine punch death uninsured motorist Illinois motorcycle accident lawyer texting while driving Barrington criminal lawyer Illinois employment law firm lapse in policy texting and driving income distribution deducation loss of consortium personal injury accidents estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers sole proprietorship Deer Park employment law attorney Illinois tax attorney Palatine personal injury lawyer estate tax Des Plaines pet law attorney South Barrington real estate attorney Rolling Meadows insurance dispute lawyers liability controlled substance auto accidents personal injury claims probate lawyer Des Plaines real estate lawyer real estate lawyer wills and trusts Schaumburg Buffalo Grove personal injury attorney Illinois insurance claims lawyers insurance dispute attorney Illinois Probate Act of 1975 Buffalo Grove car accident lawyer Crystal Lake employment lawyer traumatic brain injuries Retaliatory Discharge medical malpractice compensation food poisoning Rolling Meadows medical malpractice lawyers premises liability Long Grove estate planning attorneys Barrington personal injury attorney Illinois Sales Representative Act Inverness DUI lawyer comparative negligence Buffalo Grove traffic lawyers license reinstatement employees caretaker rights fiduciary rule delay Deer Park accident attorney Rolling Meadows estate planning attorney insurance claim pain and suffering deed transfer Chicago estate planning Illinois personal injury lawyer Crystal Lake tax lawyer paid sick leave cause-of-death exclusions rest breaks insurance claim denial work unions fiduciary rule Schaumburg real estate lawyer Schaumburg Attorney back injuries digital information caregiver insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys traumatic brain injury DUI attorney pet bites Rolling Meadows car accident lawyers medication errors Chicago employment attorney Liquor Control Act Illinois Trust Code Schaumburg estate planning lawyer small business Illinois driving without license Rolling Meadows criminal lawyer material misrepresentation boating under the influence senior citizens Schaumburg wrongful death attorney Barrington criminal defense lawyer Chicago corporate attorney Illinois criminal defense attorney Illinois wills and trusts Illinois mortgages elder law pedestrian accidents traffic crimes bad faith insurance claims products liability federal regulations for LLCs disability benefits corporate law irrevocable trust Rolling Meadows traffic attorney insurance attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, BAIID jet ski accidents Barrington workers compensation attorney consent to a search Illinois employment law attorneys Illinois employment laws Schaumburg injury lawyer traffic accidents Affordable Care Act personal injury lawyer Long Grove real estate lawyer Illinois personal injury slip and fall accidents Des Plaines Traffic Lawyer Home Remodeling Repair Act sexual harassment digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Crystal Lake medical malpractice law firm estate planning Illinois Human Rights Act Buffalo Grove medical malpractice lawyers investment property Illinois employee rights attorney. Self-Directed IRA Accounts estate planning trusts head on collisions Mount Prospect wills and trusts lawyers DUI insurance claims Palatine real estate lawyer Exclusions Schaumburg estate attorney Schaumburg criminal attorney Arlington Heights pedestrian accidents problem employees Illinois insurance claim dispute lawyers advance healthcare directive traffic laws Arlington Heights Attorney Illinois LLC creation Illinois Transfer on Death Instrument homestead rights Crystal Lake medical malpractice lawyer bicycle dooring accidents Detainer Actions cell phone accidents dealing with problem employees natural gas life insurance policy digital evidence probate claims process traffic violations defense Arlington Heights criminal lawyer CAM insurance disputes Long Grove real estate attorney Rolling Meadows Attorney Des Plaines personal injury lawyer Crystal Lake employment law attorney Chicago attorney Schaumburg civil litigation attorney Mount Prospect elder law attorney tax attorney estate plan Crystal Lake pet attorney Inverness personal injury attorney Illinois speeding lawyer surgical mistakes personal injury Schaumburg employment attorney drugs spinal cord injuries Illinois construction accident attorney Forcible Entry financial advisors Deer Park real estate law firm workers comp landlord tenant law real estate closing Des Plaines collections attorney employment contract Illinois Kenilworth estate planning lawyer Schaumburg construction accident lawyer Schaumburg criminal law attorney Chicago insurance claim attorneys LLCs murder Colin H. Gilbert boating accidents Des Plaines criminal attorney Illinois lawyer Deer Park traffic lawyer clemency meal breaks Crystal Lake pedestrian accident lawyer defective products motorcycle accident Chicago will attorney, social media platforms, Illinois estate planning lawyer, brain injury Illinois traffic ticket lawyer distracted driving accident victims loopholes living wills trucking accidents Barrington civil litigation attorney Barrington Illinois estate planning lawyer commercial real estate Inverness elder law lawyer in terrorem provision DUI defense Rolling Meadows DUI lawyer car crash Schaumburg corporate attorney Illinois insurance disputes insurance claim delay driving Rolling Meadows litigation lawyer hiring employees Des Plaines personal injury attorney estate planning lawyer wrongful termination Rolling Meadows boating crash lawyer Crystal Lake personal injury lawyer Palatine employment lawyer new real estate form gift taxes appealing an insurance claim trench injuries Palatine insurance lawyer Palatine trusts lawyer pedestrian-automobile accident Illinois wills and trusts attorneys internet license suspension natural gas explosion minimum wage Barrington employment law firm Long Grove estate planning coronavirus Illinois pet lawyer Illinois employment law attorney right to work Des Plaines Illinois civil litigation lawyer how to avoid common denials of life insurance claims employment attorney Chicago car accident lawyer trucking accident lawyers Illinois business lawyer no contest clauses modern family estate planning Des Plaines drug crimes lawyer Rolling Meadows traffic law firm Illinois workers compensation lawyer insurance claim dispute attorney Barrington personal injury lawyer Barrington employment law attorney Crystal Lake estate planning lawyer Schaumburg insurance lawyers Inverness traffic law firm probate fees Barrington real estate lawyer Illinois law Schaumburg probate attorney Illinois wrongful termination lawyer Deer Park workers compensation lawyer Deer Park criminal attorney taxes distracted driving accidents Arlington Heights Traffic Lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Whistleblower Claims Illinois DUI attorney Palatine construction attorney Illinois attorney Jay Andrew icy parking lots overtime pay IRA benefits first degree murder FMLA Rolling Meadows tax attorney healthcare claims car accident Des Plaines personal injury lawyers Illinois medical malpractice attorney top life insurance claim denials Illinois traffic attorney PTSD Chicago lawyer personal injury law firm Arlington Heights TBI attorney Palatine civil attorney Schaumburg personal injury attorney Schaumburg personal injury lawyer subcontractor Family Medical Leave Act construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation slip and fall traffic violations real estate attorneys Illinois personal injury lawyers murder charges creditors Crystal Lake traffic lawyer medical malpractice DMV Rolling Meadows personal injury attorney Arlington Heights injury attorney bicycle accidents dog bites ken apicella Palatine criminal defense lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Class A misdemeanor Illinois car accident attorney Do Not Resuscitate construction accidents privacy product liability Rolling Meadows criminal attorney Mount Prospect real estate lawyer commercial leasing Rolling Meadows life insurance claim denial attorney Chicago insurance law firm Des Plaines motorcycle accident attorney trauma after an accident denial of life insurance jet ski home inspection lawyer Rolling Meadows marijuana attorney Illinois medical malpractice case Illinois job attorney DGAA employee misclassification Illinois employment lawyer Illinois corporate lawyer Illinois probate lawyer unpaid overtime Buffalo Grove traffic attorney suspended license estate planning for college students Policy Cancellation compensatory time Deer Park medical malpractice attorney Des Plaines DUI attorney Long Grove estate planning attorney Illinois jet ski accident lawyer Arlington Heights car accident lawyer fatal car accidents insurance denial appeals workers compensation benefits filing a medical malpractice claim condo speeding Chicago will attorney Rolling Meadows real estate attorney liens TBI Schaumburg elder law lawyer Des Plaines drug lawyer marijuana crimes attorney unfunded trust Joliet general practice lawyers marijuana Illinois estate planning attorney Illinois workers compensation attorney Illinois Smoke Detector Act Buffalo Grove life insurance attorney Palatine law firm living trust benefits employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys pizza emoji car accident lawyers Palatine employment attorney federal crimes criminal Illinois insurance claim attorney car accident lawyer Fair Labor Standards Act Palatine estate planning lawyer Des Plaines real estate attorney Kenilworth estate planning attorney School Visitation Rights Act pedestrian accident capital gains tax Deer Park DUI lawyer Illinois small business Buffalo Grove insurance claim dispute lawyers Inverness accident lawyer breach of contract Illinois elder law attorney involuntary manslaughter car collision drug crime ACA probate process child safety traffic deaths Illinois trucking safety wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Crystal Lake employment attorney Arlington Heights wills and trusts lawyers Employment Discrimination Law POA personal injury attorney vacation home dynasty trusts underage DUI low-ball insurance settlement murder defense preventable medical errors Inverness real estate lawyer Inverness real estate attorney Barrington Traffic Lawyer Buffalo Grove injury lawyer expungement health insurance dispute pay when paid contract medical malpractice claims Barrington life insurance lawyer Schaumburg car accident attorney deadly crashes Mt Prospect Attorney insurance dispute Illinois will lawyer insurance agents manufacturing life insurance claims Crystal Lake car accident attorney startup company Arlington Heights wills and trusts attorney traffic tickets criminal record traffic offenses real estate leasing college kids rollover car crashes Arlington Heights wills and trusts lawyer estate attorney Illinois insurance dispute lawyers Arlington Heights employment law attorneys employment law blended families Chicago estate planning lawyer Colin Gilbert Schaumburg life insurance attorney cell phone Thanksgiving privacy laws Illinois real estate employment lawyer Illinois insurance claim dispute lawyer Illinois insurance lawyer whistleblower protections Home Sale Contingencies Riverwoods estate planning lawyer Illinois home inspection Illinois living will Illinois workplace lawyer Illinois Workers’ Compensation Commission landlord Palatine Attorney installment contracts Crystal Lake insurance lawyer Rolling Meadows Traffic Lawyer Chicago traffic lawyer Arlington Heights traffic attorney BAC Rolling Meadows insurance attorney DNR insurance denials license revocation Illinois real estate lawyer GM ignition switches fault based insurance accidental death benefits drug possession employee rights car crashes foreclosure Barrington estate planning attorney revenge porn Crystal Lake criminal defense attorney estate planning attorney IRS anesthesia errors motorcycle accident lawyer rollover accidents South Barrington real estate lawyer drunk driving civil rights violation Illinois traffic accident lawyer Barrington boating accident attorney Illinois collections attorney car accidents Palatine traffic accidents residential real estate workplace sexual harassment special needs trust job lawyers Arlington Heights trucking lawyer Rolling Meadows employment attorney Palatine probate lawyer Rolling Meadows employment law attorneys DUI penalities trusts hands free device golf accidents Inverness injury lawyer Illinois medical malpractice claim Des Plaines tax law firm Illinois boating accident lawyer ObamaCare foreclosed rental property Illinois pedestrian accident attorney Rolling Meadows insurance dispute lawyers, insurance dispute real estate zoning Buffalo Grove probate lawyer Arlington Heights car crash attorneys blood alcohol content Fourth of July guardianship attorney drug crimes breathalyzer test criminal law automated cars changes to mortgage law institutional trustee Rolling Meadows drug defense attorney Arlington Heights real estate lawyer civil litigation trustee Des Plaines civil attorney Inverness corporate attorney Buffalo Grove employment lawyer Crystal Lake law firm Illinois medical malpractice lawyers denial of insurance claim denied insurance claims wrongful death Barrington estate planning lawyer power of attorney license healthcare bike accident Inverness probate lawyer Buffalo Grove personal injury lawyer Illinois registered agent Crystal Lake business law attorneys Palatine injury attorney denied insurance claim Palatine corporate law attorneys Inverness insurance attorney Des Plaines insurance attorney Illinois business law atorneys personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys digital assets Crystal lake insurance dispute attorney Illinois insurance attorney Buffalo Grove corporate attorney Barrington litigation attorney preventing accidents Arlington Heights employment attorney reckless homicide life insurance Deer Park motorcycle accident lawyer Chicago biking tips Des Plaines claims law firm Crystal Lake personal injury attorney business litigation underinsured motorist operating agreements Rolling Meadows corporate lawyer Kenilworth estate planning attorneys Schaumburg employment law attorneys insurance adjusters Legal Info Palatine life insurance lawyer Chicago life insurance attorney Rolling Meadows probate lawyer Crystal Lake civil litigation lawyer most common reasons for life insurance claim denials unauthorized overtime trust payments Illinois traffic laws Schaumburg personal injury lawyers criminal defense Illinois employment attorneys overtime violations Schaumburg drug defense lawyer workers compensation pregnant women boating DUI insurance negligence Buffalo Grove criminal defense lawyer Illinois traffic attorneys Schaumburg estate planning attorney sexual images insurance claim denials Palatine civil litigation lawyer Food and Drug Administration's Food Safety Modernization Act Illinois employment law Buffalo Grove law firm civil litigation attorney Barrington employment attorney Illinois red light cameras Illinois estate planning cell phone tower data rent to own real estate contracts attorney fees Illinois personal injury attorney construction contracts Buffalo Grove real estate attorney living trust vs will Rolling Meadows employment law attorney employment law, Illinois employment laws condo association field sobriety test eluding a police officer Barrington drug crime attorney Rolling Meadows insurance lawyer Arlington Heights personal injury attorney Super Mario Arlington Heights lawyer Barrington attorney owner responsibility vacation home fines contracts Crystal Lake will lawyer Landlord Tenant Ordinance drug crimes lawyer Rolling Meadows Chicago trucking accident attorney Crystal Lake medical malpractice attorneys Illinois rollover accident lawyers drunk driving statistics Palatine corporate attorney llinois Real Estate Lawyers Association Deer Park traffic accident attorney Barrington medical malpractice lawyers Rolling Meadows accident lawyer Attorney Ken Apicella insufficient documentation Arlington Heights accident attorney real estate attorney Illinois defective products attorney mass shooting living trust Crystal Lake car accident lawyer agent Arlington Heights medical malpractice lawyer Illinois injury lawyer crossover accidents Illinois workplace discrimination attorney pedestrian injuries, pedestrian fatality swimming pools power of attorney for healthcare employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Rolling Meadows business lawyer personal injury claim rumble strips employee discrimination real estate Des Plaines medical malpractice attorney