In Florida, our FAR offers/contracts specify what are required repairs - i.e., what the seller is warranting - and cosmetic items, which the seller is not required to repair. Nothing mentions specifically "safety" issues.
In many of our inspection reports, the inspector will point something out and then say that this is a "safety" issue. This can be a garage door that was installed before they had safety stops, outlets installed before GFIs were required, etc.
Since "safety" issues are not addressed in the offer/contract - how do you handle these items reported in the inspection reports when
a) you're representing the seller
b) you're representing the buyer
and to what extent are you propelled by how the item is described in the Inspection Report?
Sharon, I ran into that the other day in a house built in the 60s (that's new construction around here) and renovated within the last few years. And the electrician didn't use ground fault interrupters in any of the newly installed outlets. So, if they had been the originals, the sellers wouldn't have had to fix them. But because they were new-ish, they do. The kitchen was probably done sans permits, but everything else was up to snuff.
In our contracts, it's divided up into must do's (unless you're as is) including systems and appliances. The rest becomes negotiable. That would include leaking roofs, sloppy decks or foundation issues.
Richard - that's how we do things here - if it was installed prior to being required, it's ok - if it was installed or repaired after, then it needs to be updated. It sometimes becomes an issue when both agents aren't on the same page, or when you have a buyer that really doesn't care what the contract says, he's going to walk if it's not safe.
Patricia - very interesting that a) you can still negotiate items after the contract and b) that a roof leak or foundation issue is negotiable, rather than something the seller needs to remedy.
It's really a great service to buyers if we can relate how things are done in our area vs how things are done in their area - everything from these inspection issues, to occupancy at/after closing.