Sealed attic access panels are the bane of my existence.
Nothing about home inspections causes more consternation than 'sealed' attic access panels; not just for the home inspector, but also for the buyer, the seller, and the real estate agents involved in the sale. We've changed our official company policy on attic access panels recently, and I'm laying it all out right here.
Structure Tech's Attic Inspection Policy
We begin every home inspection with a tour of the interior. If the attic access panel appears to be sprayed shut, caulked shut, nailed shut, or similarly obstructed to make access difficult, we will ask for permission to open it. We'll call the listing agent to ask for permission, and we'll explain that this will technically change the property from its original condition. In most cases, we won't leave any evidence that we were there, but we can't guarantee this.
If permission is given, we'll open the attic. If permission is not given, we won't. Simple and logical, right? We think so. The video below shows the process of breaking an attic seal, and shows what it'll look like after the inspection, provided everything goes smoothly.
Home seller's legal responsibility
I'm not an attorney so I have no idea what the seller's legal responsibility is. I'll say this, however: most Minnesota home buyers use a standard purchase agreement form. They don't have to, but most do. This form has a line that says "Seller will provide access to the attic(s) and crawlspace(s)." I happen to know from personal experience that many licensed residential real estate salespersons are not aware of this language.
If an attic access panel is sprayed shut, caulked shut, nailed shut, or blocked by stored items, has the seller provided access? Heck no.
I asked Minnesota real estate attorney Matthew R. Doherty the same question stated above. His answer? "No".
If I were buying a home and the person I was purchasing from had signed an agreement saying they would provide access to the attic, I'd expect the attic to be accessible. Sprayed shut, caulked shut, nailed shut, or blocked with stored items is not accessible.