The Saint Paul Area Association of Realtors® (SPAAR) has an interest in maintaining high quality housing stock and attracting new residents. SPAAR is committed to the best quality of living possible.
However, SPAAR does not believe that requiring code compliance at the point of sale, also known as “time of sale”, will effectively assist a community in maintaining a healthy, high quality, and affordable housing market.
To increase its effectiveness, a municipality should direct its efforts at targeted problem properties, rather than focus on point of sale inspections.
SPAAR is fundamentally opposed to point of sale inspections because such programs interfere with individual property rights: 1) the right of property owners to sell, transfer, or convey by deed 2) the right of buyers to seek an ownership interest in real property.
Homebuyers are encouraged to have the property inspected by an independent housing evaluator. Most sellers complete a disclosure statement and are required by law to disclose all material facts of which they are aware that could significantly or adversely affect the buyers’ use and enjoyment of the property. These buyer inspections and seller disclosures eliminate the need for cities to have their own inspection ordinances.
If a municipality determines there is a need for an inspection program, SPAAR would support a Truth in Sale of Housing (TISH) report by a certified private inspector rather than code compliance.
Any resolution of repairs based on the inspection should be private negotiation between the buyer and the seller at the time of sale.
Approved by the Saint Paul Area Association of Realtors® Board of Directors on March 23, 2023.