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Home Inspection Contingencies in Milpitas, Explained

January 1, 2026

Buying in Milpitas and heard the term “inspection contingency,” but not sure what it really means for you? You are not alone. First-time buyers often juggle tight timelines, competitive offers, and big decisions. A clear plan for inspections can protect your budget and your peace of mind. In this guide, you’ll learn what an inspection contingency covers, how timelines work, which inspections to prioritize in Milpitas, and how to negotiate repairs or credits without losing the deal. Let’s dive in.

Inspection contingency basics

An inspection contingency is a clause in your purchase contract that gives you time to hire inspectors, review findings, and decide how to proceed. During this period, you can accept the home as-is, request repairs or credits, or cancel if serious issues are uncovered, according to your contract terms.

In California, this language is typically included in the Residential Purchase Agreement and related addenda used by local agents. For background on standard forms and buyer advisories, review the California Association of REALTORS resources at the California Association of REALTORS website.

Seller disclosure laws work alongside inspections. California requires sellers to disclose known material facts about the property, including a Transfer Disclosure Statement and a Natural Hazard Disclosure. If the home was built before 1978, federal law requires a lead-based paint disclosure and gives buyers a period to check for hazards. You can learn more at the EPA’s overview of lead-based paint disclosure rules.

The key takeaway: the contingency spells out your timeline and options. Use it to investigate the property and protect your deposit while you decide whether to proceed, negotiate, or cancel.

Typical timelines in Milpitas

Contingency periods are negotiable and often reflect market conditions:

  • Competitive markets: about 3 to 7 days.
  • Typical markets: about 7 to 17 days.
  • Buyer-friendly markets: 17 to 21 days or more.

Shorter timelines can make your offer more attractive to a seller, but they increase your risk if you need specialty inspections. Your agent will help balance speed and protection based on current Milpitas conditions.

Step-by-step: what happens after acceptance

1) Day 0: your clock starts

Your contingency period begins on the date set in your contract. Mark deadlines right away.

2) Book inspectors immediately

Call vetted inspectors the same day your offer is accepted. Schedules fill quickly. Confirm the scope of work for a general inspection and any specialty inspections you want.

3) Inspect the home and review reports

Expect a written report with photos and recommendations. You then decide whether to proceed, ask for repairs or credits, or cancel within the contingency period.

4) Negotiate or remove the contingency

If you request repairs or credits, the seller can agree, counter, or decline. If you cannot reach agreement on material issues, your contract usually lets you cancel within the contingency window. Removal of the contingency typically requires your signed notice.

Common inspections and typical costs

Every home is different, but Bay Area buyers often order these inspections:

  • General home inspection: $350 to $800.
  • Wood-destroying organism/termite inspection: $75 to $300.
  • Sewer lateral camera scope: $150 to $400.
  • Roof or chimney inspection: $150 to $400.
  • HVAC inspection: $75 to $250.
  • Electrical or plumbing specialist: $150 to $400 each.
  • Foundation or structural engineering assessment: $400 to $1,200 or more.
  • Mold or environmental testing: variable, plus lab fees.

Ask each inspector what is included, and decide whether to add specialists based on the home’s age, condition, and red flags.

Milpitas-specific factors to check

Seismic and fault zones

Milpitas sits in a seismically active region. Older homes may benefit from seismic upgrades, and some properties can be near mapped fault zones. Review the California Geological Survey’s Alquist-Priolo fault zone resources and the state hazard map portal for context. A general inspector may suggest a structural engineer if they see foundation or bracing concerns.

Drainage, soils, and slopes

Water management matters. Inspectors look for proper grading, working gutters and downspouts, and signs of hillside movement or retaining wall stress. Poor drainage can lead to moisture intrusion and mold.

Permit history and unpermitted work

Unpermitted additions or conversions are common across older Bay Area housing stock. Verify permit records with the city. Start with the City of Milpitas Building Safety and Housing Department to understand past permits and approvals.

Sewer lateral condition and possible local rules

Many older homes have aging sewer laterals that can crack or clog. A sewer scope is a smart add-on inspection. Some Bay Area cities require compliance or inspection at sale, or at time of major remodel. Requirements can change. Contact the City of Milpitas Public Works Department to confirm current rules and process.

Termites and moisture

Wood-destroying organisms are common in our climate. A WDO inspection helps identify active infestation, dry rot, or moisture damage. Pair this insight with roof and drainage findings to understand total repair exposure.

Negotiation strategies that work

Focus on health, safety, and structure

Lead with significant items like foundation, roof, electrical safety, plumbing failures, active leaks, and sewer defects. Sellers are more likely to address major concerns than cosmetic items.

Consider credits over repairs

Credits can be cleaner than asking a seller to do work before close. You control the contractor and timeline. Use licensed contractor estimates to support your request.

Use an escrow holdback when needed

If work must happen after closing, you can agree on an escrow holdback. This is when funds are set aside at closing to pay for specified repairs by a deadline. Your contract addendum should list scope, amount, contractor requirements, and completion date.

Document agreements clearly

Put all repair, credit, or price changes into a signed addendum. Require licensed contractors for any agreed work and ask for receipts or completion certificates.

Buyer protections to include in your contract

Here are examples of plain-language protections you can discuss with your agent:

  • “Buyer has X calendar days from acceptance to complete inspections and notify Seller of any objections in writing.”
  • “If the parties do not reach agreement on Buyer’s objections within the contingency period, Buyer may cancel and receive the deposit back as provided in the contract.”
  • “Any agreed repairs will be performed by licensed contractors and documented with receipts or completion certification.”
  • “If repairs cannot be completed by closing, the parties agree to an escrow holdback with a defined amount, scope of work, and deadline.”

Risks of shortening or waiving your inspection contingency

Shortening or waiving your inspection contingency can help your offer compete, but it reduces your leverage and increases the chance of surprise costs. A compressed window might not allow time for a sewer scope or a structural engineer visit. Be honest about your risk tolerance and your budget for repairs, and plan accordingly.

First-time buyer checklist

Before you write an offer

  • Get pre-approved and know your repair budget.
  • Decide which inspections you will order.
  • Ask for disclosures and any recent reports in advance.
  • Discuss a realistic contingency period given market conditions.

During showings and open houses

  • Note sloping floors, cracked walls, or sticky doors and windows.
  • Look for stains, musty odors, or efflorescence that suggest water issues.
  • Check the roofline from the street for sagging or missing shingles.
  • Flag older electrical panels or unusual workmanship that hints at unpermitted work.

During the contingency period

  • Schedule general and specialty inspections immediately.
  • Review reports with your agent and prioritize serious items.
  • Get contractor estimates for key repairs before making requests.
  • Submit requests in writing and track deadlines carefully.

After negotiations

  • If you accept credits, confirm they are shown on your closing statement.
  • If the seller will complete work, confirm permits if required and ask for receipts.
  • Do a thorough final walk-through to verify agreed items.

How a local advisor helps you win

A clear inspection strategy can save you time, stress, and money. With a concierge approach, a local advisor can line up trusted inspectors, review reports with you, pull permit history, and keep your timeline on track. If you want a calm, organized path from offer to close in Milpitas and greater Silicon Valley, connect with Kim Adams to map your plan and schedule your inspections quickly.

FAQs

What is an inspection contingency in California homebuying?

  • It is a contract clause that gives you a set period to inspect the home, request repairs or credits, or cancel and protect your deposit if serious issues arise, subject to your agreement.

How long is a typical Milpitas inspection period?

  • In balanced conditions, 7 to 17 days is common; in hot markets, buyers may negotiate 3 to 7 days, and in buyer-friendly conditions, 17 to 21 days or more.

Which inspections should first-time Milpitas buyers prioritize?

  • Start with a general inspection, then add WDO/termite, sewer scope, roof, and specialty structural or HVAC checks based on red flags and the home’s age.

Can I cancel and keep my deposit after inspections?

  • If your contract allows and you cancel within the inspection contingency period due to unresolved material issues, you can typically recover your deposit per the agreement.

Are there Milpitas-specific rules about sewer laterals?

  • Requirements vary by city and can change; contact the City of Milpitas Public Works Department to confirm current sewer lateral policies at point of sale or remodel.

Do I need to check fault zones or consider seismic retrofits?

  • Yes, review state hazard and fault zone resources and ask inspectors about seismic bracing; a structural engineer can evaluate retrofit needs if concerns are noted.

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