Don't let the stiff competition in the current markets persuade you to forego a home inspection on a home you want to buy.

This year's hot spring market comes with the perennial "as is" listings and others that prompt the buyer to make an offer without the contingency of a home inspection. Don't do it. There's no way to determine what "as-is" really is without a home inspection.

"An offer to buy 'as is,' with no inspection, no contingencies and to close as soon as possible is very risky business for agents and buyers," said David Hofmann, counsel with Hoge, Fenton, Jones and Appel in San Jose.

With the buyer tagging along, a licensed and/or trade group-certified home inspector gives a property the once-over, inspecting systems, structures and components—that are visually accessible—to identify material defects, conditions that may significantly affect the value, desirability, habitability or safety of the home.

A narrative report—rather than or in addition to a checklist—describes the inspector's findings and not only points out defects, but gives the potential buyer the opportunity to more intimately know the home, learn how to operate systems and schedule future maintenance. Inspection finds can also become negotiating tools.

Without a home inspection, there is a greater potential for liability. Sellers are not obligated by law to perform a home inspection, but a once-over can provide evidence about what sellers do know about the condition of their home. Not disclosing known conditions that can affect the value or salability of a home can be grounds for legal action.

"One would hope that credible agents will represent sellers and tell them that it's a good idea for sellers to provide home inspections," said Hofmann. "The seller's risk is if the buyer discovers something later, they may say the seller knew or should have known and can go after a suit for seller disclosures," Hofmann added.

Hofmann says that doesn't preclude buyers from obtaining their own general home inspection, as well as additional inspections, including termite and roof inspections. Inspections by structural engineers to determine a home's resistance to seismic forces may also be necessary for older homes, homes near earthquake faults or homes built on shaky soils.

"I think buyers should get as many inspections as they possibly can. That leads them to being fully aware of conditions. People so concerned about getting a property tend to overlook things in their anxiety over getting a home, but then they close and face the reality of complications in the property," said Hofmann.

Some argue that real estate agents who suggest buyers forego home inspections are not living up to their fiduciary responsibilities to best represent the buyer.

If a real estate agent advises a buyer, "If you really want this house, you don't want to get an inspector," ask the agent if he or she is willing to put that advice in writing.

Perhaps the only time a buyer may consider foregoing initiating a home inspection is when he or she accepts the seller's home inspection, but then only within certain guidelines, advises Jerry McCarthy of San Mateo­based Building Systems Inspection and Analysis.

McCarthy, spokesman for the California Real Estate Inspection Association, says buyers can sometimes pay a reduced fee to have the seller's inspector virtually retrace his steps by going over everything in the original report.

"Have a meeting with the inspector and go over the report. Pay a reduced fee, the inspector will give you a report in your name, and you have someone you have met. This works very effectively. If it's an older house, tell the seller you want the guy to come back out and go over the report and have a personal tour" with the inspector, said McCarthy.

He added, "But there are two schools of thought. Get my own report and pay the full price, and I have two reports. That way I have a better shot at feeling I know the home," McCarthy said.

Real estate writer Broderick Perkins, executive editor of San Jose-based DeadlineNews.Com, writes regularly for
Saratoga News.