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A trend is emerging among some municipal code inspectors in the Philadelphia suburbs — they're asking home buyers to sign away their rights.
Per state law, buyers have at least 12 months to make repairs cited in a use-and-occupancy inspection. But Downingtown Borough, for example, has a “U&O Waiver Form” on its website in which buyers agree that, "I will make all repairs [within] 30 days of the closing of the sale.” These 30-day affidavits are popping up in municipalities across the region.
Considering the power these municipalities hold and what's at stake — a new home — buyers and agents may be inclined to sign the form to keep transactions on track.
But the bottom line is that these towns and boroughs cannot force the buyers to sign, and they cannot withhold a U&O certificate as leverage. The Alliance has been addressing these situations on a case-by-case basis while working toward setting a legal precedent that would force these municipalities to obey the spirit of the law, not just the letter.
If your clients are being asked to sign such an affidavit, please contact the Suburban Realtors® Alliance.