FACTS:                    

The buyer agreed to purchase the property in “as is” condition.  As a result, the buyer provided an executed BINSR saying that no repairs were required as part of the offer.  The seller accepted the offer and also signed the BINSR agreeing to no repairs.  The buyer’s agent is now attempting to arrange inspections and the seller refuses to allow access, claiming that the buyer has already accepted the premises.

ISSUE:                      

Is the buyer allowed to inspect the premises before closing?

ANSWER:                

See discussion.

DISCUSSION:         

The contract provided the seller must provide “reasonable” access for inspections.  See generally Sections 6(l) and 6(m).  Here, the seller is correct that the buyer waived any opportunity to cancel the transaction based on an inspection by submitting the BINSR with the offer.  However, the seller should allow the inspections nonetheless pursuant to the contract.