How Westport Homes Uses This Clause
Westport Homes purchase agreements may limit when, how, or whether the buyer can hire an independent home inspector during construction or prior to closing. Independent inspections at pre-drywall and pre-closing stages are a key buyer protection.
Inspection restrictions can take several forms, including limiting inspection to specific stages, requiring builder approval of the inspector, restricting access to the construction site, or imposing narrow time windows for inspection.
Buyers should confirm inspection rights before signing and negotiate explicit language permitting independent inspections at pre-drywall, pre-closing, and final walkthrough stages.
Builder-Specific Details
Pre-Drywall Inspection Importance
A pre-drywall inspection allows the buyer's inspector to examine framing, plumbing, electrical, and HVAC work before it is concealed behind drywall. This is the most valuable inspection opportunity during new construction.
Construction Site Access
The builder may restrict access to the construction site for safety and liability reasons. However, reasonable accommodation for professional inspections should be negotiable.
Pre-Closing Inspection
A pre-closing inspection verifies that the home is complete, punch list items have been addressed, and the home is ready for occupancy. Restrictions on this inspection limit the buyer's ability to identify issues before closing.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Westport Homes's operating states.
| State | Status | Note |
|---|---|---|
| Ohio | Likely Enforceable | Inspection restriction provisions in Ohio new construction contracts are generally enforceable as written. |
| Indiana | Likely Enforceable | Inspection restriction provisions in Indiana new construction contracts are generally enforceable. |
Related Clauses in Westport Homes Contracts
This clause often works in combination with other provisions in Westport Homes's purchase agreements.
Inspection restrictions may limit the buyer's ability to identify habitability defects before closing.
Restricted inspection rights may limit the buyer's ability to identify defects within warranty coverage windows.
Closing penalties may pressure buyers to close before completing thorough inspections.
What Buyers Can Do
- Negotiate inspection rights before signing. Request explicit language in the purchase agreement permitting independent inspections at pre-drywall, pre-closing, and final walkthrough stages.
- Hire a qualified new-construction inspector. New-construction inspections require different expertise than resale home inspections. Hire an inspector experienced with new construction in the Ohio or Indiana market.
- Document all inspection findings in writing. Provide written documentation of all inspection findings to the builder before closing. This creates a record for warranty claims and establishes the builder's knowledge of identified issues.