Why Retail Commercial Real Estate Buyers Need a CASp Inspection: Protect Your Investment Before You Buy

As a retail property buyer, a CASp (Certified Access Specialist) inspection is one of the most important due diligence steps you can take. Before signing on the dotted line, you need to know exactly what accessibility issues you're inheriting—and how much it will cost to fix them.

Know What You're Really Buying

Many retail commercial real estate buyers discover accessibility problems after closing. By then, it's too late. You own a property that could trigger expensive lawsuits, regulatory fines, and costly remediation work that wasn't factored into your purchase price.

A CASp inspection gives you complete clarity on every accessibility barrier at the property before you commit to the purchase. You'll know exactly what needs to be fixed, the priority of fixes, and what compliance actually costs—information you can use to negotiate a better deal or walk away entirely.

Understand the Real Cost of Non-Compliance

Here's what happens if you buy a property and later discover accessibility violations:

Lawsuits: A single accessibility lawsuit easily exceeds $25,000 in legal fees alone. If you lose, you'll pay the plaintiff's legal fees, your own legal fees, expert witnesses, and settlements. These cases often end with five-figure settlements.

Remediation Costs: Simple fixes like changing a doorknob cost around $100, but comprehensive accessibility upgrades can run into the tens of thousands. Depending on the violations, you could be looking at parking lot repairs, ramp installations, doorway widening, restroom renovations, signage updates, and more.

Total Exposure: Between fines, legal costs, settlements, and remediation, accessibility violations can drain hundreds of thousands from your bottom line—money that was never part of your purchase plan.

Negotiate a Better Deal

Armed with a CASp report, you have leverage in negotiations. The report provides:

• A prioritized list of needed improvements with specific recommendations

• Photographic documentation of each barrier

• Code citations explaining why fixes are required

• A realistic timeline for corrections

When the seller knows you have this information, you can negotiate the purchase price down by the estimated cost of remediation. If the report shows $50,000 in accessibility work needed, you now have concrete justification to reduce your offer by that amount. The inspection costs $1,000 to $3,000—potentially saving you tens of thousands in purchase price or remediation bills.

Avoid Hidden Liabilities

California law already requires commercial property owners to disclose whether a property has been CASp inspected. But that disclosure doesn't tell you what violations exist or how much they'll cost to fix.

By conducting your own CASp inspection during due diligence, you uncover issues before closing. You won't be blindsided by an accessibility lawsuit from a customer with a disability—or worse, discover the liability years later when compliance costs skyrocket.

Gain Qualified Defendant Status Immediately

Here's a critical advantage: if you complete a CASp inspection before closing, you can establish "qualified defendant status" as the new owner. This legal protection under California law provides:

90-Day Stay on Lawsuits: If someone files an accessibility claim, proceedings pause for 90 days, giving you time to address issues or negotiate.

Reduced Damages: Instead of facing $4,000 per violation, qualified defendants pay only $1,000 per violation.

Early Evaluation Conference: The court mediates between you and the plaintiff, often resulting in faster, cheaper resolution without trial.

These protections only apply if you get the inspection before any lawsuit is filed. As a buyer, getting inspected before closing ensures you have these protections from day one.

Make an Informed Purchase Decision

The CASp inspection tells you whether the property is even worth buying. Some retail spaces may have violations so extensive or expensive that they're not a good investment. You get to make that decision with full information, not regrets after closing.

If the inspection reveals manageable issues, you can:

• Budget accurately for improvements

• Set realistic timelines for remediation

• Refinance to include accessibility work

• Plan for phased compliance over time

The Bottom Line for Smart Retail Commercial Real Estate Buyers

A CASp inspection is essential due diligence for any retail property purchase. The $1,000 to $3,000 cost is minimal insurance against inheriting a property loaded with expensive accessibility liabilities.

Don't let accessibility surprises derail your investment. Get a CASp inspection during your offer contingency period, use the findings to negotiate a better price, and close knowing exactly what you're buying and what it will cost to make it compliant.

Your real estate agent should recommend this step—and any buyer's attorney will tell you it protects your investment.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.