Home inspection and aspects under Aruba law

A home inspection company provides professional services to evaluate the condition and integrity of residential properties. Their primary purpose is to provide potential buyers, sellers, and homeowners with a comprehensive assessment of a property’s structural, mechanical, and safety aspects. Here’s what a home inspection company (in the USA) typically does:

1. Property Assessment: Home inspectors thoroughly examine the property, including its interior, exterior, and all accessible components, such as the foundation, roof, walls, doors, windows, and more.

2. Systems Inspection: They inspect critical systems within the home, such as electrical, plumbing, heating, ventilation, and air conditioning (HVAC), to identify any issues or potential safety hazards.

3. Safety Checks: Inspectors pay special attention to safety features like smoke detectors, carbon monoxide detectors, and fire sprinklers, ensuring they are operational and compliant with safety codes.

4. Documentation: They create a detailed report outlining their findings, including photographs and descriptions of deficiencies or concerns. This report is typically provided to the client within a specified timeframe.

5. Recommendations: Inspectors may offer recommendations for repairs or improvements based on their findings. These recommendations can help buyers negotiate with sellers or help sellers make informed decisions about property maintenance.

6. Code Compliance: They assess whether the property adheres to local building codes and regulations, highlighting any areas where improvements or corrections may be necessary for compliance.

7. Educational Role: Home inspectors often take the time to explain their findings to clients, answering questions and providing insights into the property’s condition.

8. Pre-Purchase Inspection: Many homebuyers hire inspection services before finalizing a real estate transaction to identify potential issues that could affect the purchase price or future ownership costs.

9. Pre-Listing Inspection: Sellers may also hire inspectors to identify and address any issues before listing their property. This can help attract buyers and streamline the selling process.

10. Maintenance Advice: Home inspectors can offer advice on regular maintenance tasks to keep the property in good condition and extend the life of its components.

Overall, a home inspection company plays a crucial role in ensuring that buyers and homeowners are well-informed about the condition of a property, helping them make informed decisions and maintain the safety and value of their homes.

Appraisal reports

Locally, it is common practice to have property appraised by an appraiser. Typically, a civil engineer investigates the legal coordinates of the property and provides a general description of the property along with a subjective determination of the market value, which is often determined by the asking prices of similar properties in the area.  However, due to the limited access to actual selling – not offering – prices of a property. Terms like good or average are often used to describe the property’s condition but usually do not provide a detailed description of the actual condition. Due to a lack of certification requirements, the quality of such reports can vary greatly.

Aruba law aspects

In a real estate transaction, buyers and sellers have opposing interests. The seller wants to optimize his selling price, and the buyer wants the best deal possible. They also have e opposing obligations towards one another. 

The seller must disclose, meaning the seller has to disclose to the buyer any defect or liability he is aware of. Ignoring or omitting to disclose can create a liability for the seller if and when it is determined that he knew about one or more defects and failed to disclose these. A home inspection report can help the buyer make the required disclosure or repairs before a sale is concluded.

On the other hand, the buyer must perform proper due diligence on the property before signing the dotted line. Failure to conduct appropriate due diligence can forfeit their rights to demand compensation for damages.

Realtors

Realtors can be seen as an extension of their respective buyers or sellers. They are also required to disclose or to perform due diligence. Having a proper home inspection report ahead of time can help realtors mitigate the risk of liability when things go south or very sour. 

In summary

The article discusses the critical aspects of home inspections under Aruba law within the context of real estate transactions. It highlights buyers’ and sellers’ opposing interests and obligations in such transactions. Sellers must disclose any known defects or liabilities that can result in harm. Home inspection reports are vital in aiding sellers in making these disclosures. Conversely, buyers have a duty to perform due diligence on the property before finalizing the sale, as failing to do so may affect their rights to seek compensation for damages. Additionally, the article underscores the importance of realtors in this process, as they, too, have disclosure and due diligence responsibilities, and having a comprehensive home inspection report can help them mitigate potential liabilities.

Last but not least

As a lawyer specializing in real estate, I assist sellers, buyers, and realtors involved in real estate transactions in Aruba. My expertise extends to navigating the intricate legal aspects of property transactions, ensuring compliance with local laws and regulations, and safeguarding the interests of all parties involved. Whether you are a seller looking to make legally sound disclosures, a buyer seeking thorough due diligence, or a realtor aiming to minimize legal risks, I am here to offer my professional guidance and support to facilitate smooth and legally sound real estate transactions. Please feel free to reach out if you require legal assistance or have any questions regarding your real estate endeavors.

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