An interesting questions came up this week, regarding the pesky problem with language in a Purchase agreement that is vague.  A perfect example of this is, “Home inspection is for informational purposes only.” Really? Some would argue that yes, of course a home inspection is for informational purposes…. simply taking this word for word states that a buyer will be more informed about the condition of home (so why add that language at all?).  And, if you ask 4 attorneys what that means, you may get four different answers – does it mean the buyer can’t try to renegotiate, does it mean the buyer won’t be released from the contract without penalty, does it mean nothing? Vague language of any kind should not be used in a contract and this sentence in particular does not promote the interests of either client because it doesn’t SAY what the intent is.  Any language should be run through an attorney to make sure intent is clear and legal before adding it.  Consider that, in this case, if the interpretation is that the buyer won’t be able to walk away from the sale without penalty despite an unsatisfactory inspection, that would be in violation of the new Home Inspector Law.  This Q&A from MAR clarifies it very well:

Q: If a buyer isn’t satisfied with the inspection, can they walk away?  Yes, depending on what the buyer and seller agreed to in their contract. They might have: (1) A full inspection contingency (allowing the buyer to withdraw for any reason); or (2) A clause that only allows withdrawal if repair costs exceed a set amount.