The Case of the Mysteriously Missing 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.”

Thanks to Edina Realty – City Lakes’ Office Manager, Molly Goenner, for that solution.

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

About the author

Ross Kaplan has 19+ years experience selling real estate all over the Twin Cities. He is also a 12-time consecutive "Super Real Estate Agent," as determined by Mpls. - St. Paul Magazine and Twin Cities Business Magazine. Prior to becoming a Realtor, Ross was an attorney (corporate law), CPA, and entrepreneur. He holds an economics degree from Stanford.

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