Can Sellers Continue to Show Their Home Until the Buyer Removes Their Inspection Addendum?


The Case of the Mysteriously Disappearing Inspection Clause

“Seller Shall/Shall not have the right to continue to offer the Property for sale until this Inspection Contingency is removed.”

–old Minnesota Residential Purchase Agreement, lines 192. -193.

[Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.]

At least until this August, Minnesota home buyers and sellers negotiated whether or not the Seller could continue to show their home while the buyer performed their inspection.

Now?

It’s unclear.

That’s because the governing clause (above) mysteriously disappeared when this year’s form changes went into effect August 1.

While Realtors wait for guidance from their brokers, general counsel (if they have), and the Board of Realtors, one option is to simply add back the old clause, then have both parties initial next to either “shall” or “shall not.”

See also, “Sneak Peek: 2018-2019 Minnesota Real Estate Contract Changes“; and “Sneak Peek: 2017-2018 Minnesota Real Estate Contract Changes.”



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