Humber/Ontario Real Estate Course 4 Exam Practice

Considering a buyer who did not request a pre-closing inspection but found damages post-closure, what is correct?

1. Buyer Murphy should have completed the final inspection, which is stipulated in the agreement, prior to closing.

2. The seller may have granted Buyer Murphy access to the property before closing, but was not obligated to do so.

3. Buyer Murphy cannot include a pre-closing inspection clause in an agreement of purchase and sale.

4. Buyer Murphy has no legal recourse against the seller for this damage.

5. Buyer Murphy can only claim damages if he included an insurance clause.

6. Buyer Murphy must report the damage to his lawyer.

The correct answer is: The seller may have granted Buyer Murphy access to the property before closing, but was not obligated to do so.

The correct choice indicates that while the seller may have allowed access to the property before closing, there was no legal obligation on the seller's part to do so. This highlights the nature of the seller's responsibilities in a real estate transaction. The seller is typically required to provide a clear title and may have certain obligations regarding the condition of the property, but granting access for a pre-closing inspection is not mandated by standard agreements unless specifically included. If a buyer does not request a pre-closing inspection, it is ultimately the buyer’s responsibility to ensure that they are satisfied with the property. This emphasizes the importance of proactive measures on the buyer's part in safeguarding their interests before the final closing of a transaction. In contrast, other options either mistakenly suggest obligations that aren’t standard in real estate transactions or misrepresent the buyer's rights and responsibilities within the agreement. The emphasis should be on the buyer's proactive role in inspecting the property rather than expecting the seller to facilitate it without a clear mutual agreement.