Agents throughout the state have adjusted to the new method. Even though we are not in as strong of a sellers’ market as in years past, there are still numerous times waiving home inspections is chosen. But when inspections aren’t waived completely, the Maryland home inspection addendum allows for buyers to back out of an offer with the Right to Terminate clause.

The clause states: “If the results of an inspection are unsatisfactory to the Buyer, Buyer may terminate the Contract of Sale by delivering a Unilateral Notice of Termination Under Contract of Sale to Seller by the Deadline. Buyer is not required to specify the basis of Buyer’s dissatisfaction. Buyer’s right to terminate the Contract of Sale as stated in this subsection expires at the Deadline.”

However, if the buyer decides to request the seller make repairs to the property, the right to terminate clause is voided, and the buyer decides instead to advance with the contract of sale with the repair process.

The option is called Right to Negotiate, and states: “Instead of exercising the Right to Terminate the Contract of Sale in accordance with subparagraph 1.B(i), Buyer may make a single, written request for repairs and/or a Seller Credit based upon Buyer’s dissatisfaction with the results of the agreed-upon inspection(s). This right will expire at the Deadline unless the Buyer delivers to Seller a copy of the inspection report(s) together with a written request that Seller make certain repairs, and/or agree to provide a Seller Credit. The parties acknowledge that Buyer’s lender may need to approve any agreed-upon Seller Credit. Should Buyer attempt to deliver multiple written requests for repairs and/or Seller Credit to Seller prior to the Deadline, Seller shall only be obligated to consider the first such request received.”