Having completed thousands of transactions over the years, my observations of this form is that this is a disclosure that seems to be requested several times through-out a transaction, but still isn’t completed until near the close of escrow. It is one of those disclosures and duties that takes time away from other agent duties, and seems to get away from Agents.
My suggestion to my clients is to complete the AVID at time of listing or at time of Home Inspection, while your already at the home. My personal feeling is that it should never be completed after the Contingency’s have been removed.
It could be argued that Inspection Contingency’s will be delayed until receipt of AVID’s from both sides have been received. Yes, that’s right. The AVID is to be accompanied along with the TDS (Transfer Disclosures Statement). It also should be noted on Page 3 of the TDS which also incorporates it into the disclosures and becomes a portion of the Inspection Contingency’s. So in effect, if you are representing the buyer and you are receiving a request to remove the inspection contingency, but have not been provided an AVID by the List agent. Technically, per section 10 A(2) of the purchase agreement it is a disclosure and falls into the inspection category. You, as the buyer’s agent and your clients technically should not be signing the bottom portion of the Transfer Disclosure Statement until the AVID form has been provided by both sides of the transaction.
Is the AVID form required? NO, but a visual inspection of the property is. This requirement can be satisfied by making notes on page 3 of the TDS in the broker section; however, not much room is given to make the appropriate notes that a thorough inspection would involve. The AVID form should be a benefit for your clients and the form is provided to assist you with that requirement. Here are two great articles explaining why an actual Visual Inspection and form AVID should be used, how it benefits your client and how best to complete it.