The St. Paul Area Association of REALTORS® has an interest in maintaining high quality housing stock and attracting new residents. We are committed to the best quality of living possible.
However, the association does not believe that requiring code compliance at the point of sale will effectively assist a community in maintaining a health, high quality, and affordable housing market.
Point-of-sale inspections affect only a small percentage of houses that are sold each year, typically only 3 to 5 percent. Most problem houses are not for sale at any given time. To increase its effectiveness, a municipality should direct its efforts at targeted problem properties, rather than only focus on point-of-sale inspections.
REALTORS® are 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 already encouraged to have the property inspected by an independent housing evaluator. More and more buyers are doing so.
Most sellers complete a disclosure statement and are required by law to disclose all material facts of which they are ware that could significantly or adversely affect the buyers use and enjoyment of the property. These buyer inspections and seller disclosures alleviate the need for cities to have their own inspection ordinances.
If a municipality determines there is a need for an inspection program, the association would support a truth-in-housing report by a certified private inspector rather than code compliance.
Any resolution of repairs based on the inspection should be private negotiation between buyer and seller at the time of sale.