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No... the inspector IS working for the buyer. To say the inspector is working for "themselves" is completely ridiculous. Way to trust your businesses!
Lenders absolutely on a regular basis require inspections. I've actually seen loans where, as a part of getting approved for loans, the lender actually requires dumb things like wall socket plastic panels to be installed... the lender and underwriter absolutely want to see a clean inspection.. and even if they dont "require it", they are going to want one in most instances.
Besides, even if they dont... apparently the buyers do. And, if my inspector didnt point our potential problems, I'd be more than ticked. The inspector should absolutely without a shadow of doubt not "shut their mouths" and should most definitely report any potential problems.
The question is - are buyers getting a legitimate inspector? That is a whole different question... not one in which I am debating. I dont know if this guy was satisfactory or not. Either way, he is working for the people who paid him and I'd hope problems would be pointed out.
Quote:
Originally Posted by chet everett
Even if this were an FHA lending situation (which it is not) the inspector is not working for the lender. He / she is working for themselves. The opinion they offer to the potential buyer is designed to provide value to the potential buyer. It is never a factor for the lender.
An appraiser is rendering an opinion to the lender that amount borrowed is justified by the condition / value of the house. A considerably different role / function.
Inspectors are NOT offering a statement of worth / value, merely trying to provide the potential buyer with useful information as to the condition of the property / it near term maintencacnd needs.
Lenders cannot require a buyer to get an inspection for any conventional loan.
It seems to me that the best course of action is to hire a roofing professional to come out and inspect the roof. Then I would send that roofing inspection to the buyer's agent where the buyer's terminated the contract. If the roof does indeed have some installation defect, then you'd want to fix it. Just because you don't have a leak right now doesn't mean that you won't.
For example, flashing is a big deal on roofs. Improperly installed flashing may be a source of water penetration in the future. I can totally see a home inspector saying that, and in fact they need to say it. Knowing WHY he said what he said is important. Get your roof inspected. Best case, the inspector is wrong and the buyers are wooed back into a transaction with you. Worst case, the inspector is correct and there is some defect with the installation and you can get it corrected...which may also woo the buyers back.
Why you didn't get a roofing inspection after the first question about your roof is beyond me, but the inspector thinks you have some kind of a problem that will cause potential water problems in the future. Prove him right and take care of it, or prove him wrong and be done with it.
I want to thank everyone for your thoughtful responses. And especially thanks to a couple of you who made me laugh - I really needed it today. It was a nice break from the crying.
Yes, we will get our own whole house inspection along with a roof inspection.
I'm not the kind to sue - but thanks for the suggestion. It was nice to daydream about it.
Quote:
Originally Posted by Silverfall
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Why you didn't get a roofing inspection after the first question about your roof is beyond me, but the inspector thinks you have some kind of a problem that will cause potential water problems in the future. Prove him right and take care of it, or prove him wrong and be done with it.
Solve the problem and move on.
The reason we didn't get a roof inspection after his first comments is that we (including my agent) thought he was nuts. He would never tell us anything was specifically damaged on the roof, just that the way the screws were installed "it might leak". The screws were installed to code and it had never leaked. Re-installing the roof to his liking would cost tens of thousands.
The reason we didn't get a roof inspection after his first comments is that we (including my agent) thought he was nuts. He would never tell us anything was specifically damaged on the roof, just that the way the screws were installed "it might leak". The screws were installed to code and it had never leaked. Re-installing the roof to his liking would cost tens of thousands.
If metal roofs aren't common in your area he might not have seen enough of them to know what a proper installation is.
if its the buyers inspector he is hired to give his opinion to the buyer who can take it or not.
Right, I totally understand that.
The problem is with all the "mights" he had to say.
Yes, it might leak. And the house might burn down tomorrow. Or the foundation might buckle the day you move in. Can you really report an inspection on unfounded future "could happens" when everything is functioning fine TODAY?
That was my point.
I remember the last home inspection I had done (as a buyer). It was full of "recommend inspection by a plumber" and "recommend inspection by a roofer" and........
I remember thinking "didn't I hire YOU to inspect?" Not sure where you are, but where that was inspectors are not licensed or regulated. Any Joe Blow can wake up one morning and decide to be a home inspector. This guy did not know enough about anything to tell me if things needed to be replaced, so he suggested I have 4 other inspections done.
I am the seller.
We are on our 3rd contract in 6 months. This inspector has killed 2 of our 3 contracts. Is he even allowed to say these things?
Contract #1 - first time homebuyers, really nervous. They backed out after inspector said our roof "MIGHT" leak in the future and could cause lots of damage. (It is a 40 year galvanized metal roof that is 15 years old. Never had a leak.) Buyer ran away scared. We were very frustrated, but here came contract #2
Contract #2 - Buyer has financial difficulties and kept asking for extensions. Couldn't get loan approval.
His inspector made no mention of the roof but found termites that the other guy completely missed. We denied his extension because contract #3 was coming in with good financials. We're fixing the termites.
Contract #3 - Seasoned homebuyers, well qualified.
Our luck - their agent uses inspector #1 and he said the stupid roof "might" leak again and would cost $20k to replace. (Once again, we have no current problems with our metal roof. It looks and functions great.)
He also added that our wood floors were buckling (Laughable - they are handscraped and distressed. Very pretty.)
He stated that a strip of ceiling texture that didn't match perfectly was evidence of the roof leaking. We didn't disclose any leaks in the disclosure form (Because there weren't any!) and now we look dishonest.
UM...no - we knocked down a wall to open the floorplan. That's why the ceiling patch didn't match perfectly. Our agent told them this.
Didn't matter.
Just received termination of contract.
This guy has successfully killed it for us again.
It is a small town and I fear that now our house will have the "reputation" of being a problem-house that fails inspection.
Is this just par for the course in Real Estate or has this guy overstepped his bounds?
Hello art_teacher_mom,
This is not an attempt to defend the Inspector but to answer the original question in the title "Is an inspector even ALLOWED to say these things!?", the answer can be yes, maybe, or even no. Since we can not see the roof, pictures of it, or the wording in the two reports, it would be difficult to determine if the Inspector overstepped their boundaries.
If you would like to read the Standards of Practice that Inspectors in Texas are required to follow you can find them here TREC - Rules Governing Inspectors. To save you some reading the entire document the following sections will address the items you discussed, and also answer some of the other suggestions made:
Section 535.220 Professional Conduct and Ethics
Section 535.227 Standards of Practice: General Provisions
Section 535.228 Standards of Practice: Minimum Inspection Requirements for Structural Systems, Subsection (e) Roof covering materials, and Subsection (i) Interior walls, ceilings, floors, and doors.
After you read these sections you will see that the State required SOP are the "Minimum" requirements an Inspector must follow. The Inspector does have the latitude to exceed these minimums as long as the Inspector does not perform a function that is regulated by another licensed profession whose license the Inspector does not hold.
Again without knowing all of the details it would be difficult to determine if an Inspector overstepped their boundaries. It is important to note that the Inspectors job is to advise their client of every issue they find in a home, regardless of how small. If you read the SOP you will see this and the myriad of items we are required to report on. Inspectors walk on a double edged sword when they perform their duties, and the Inspectors duties are not made any easier with the current SOP condition and requirements. None the less the Inspector is required to look out for the best interest of their client and that means providing all information the Inspector has obtained during the inspection.
Unfortunately some Inspectors do market themselves as "Deal Killers" as noted in another response. This is a marketing choice they have made with some attempting to live up to the reputation and others just using it to grab the consumers' attention. For those that try to live up to the title they do need to step back and reevaluate their approach and read their required ethics again. This approach does nobody any good and mostly harms their clients.
The best suggestion provided for your situation is to hire a reputable, professional roofer that specializes in metal roofs to provide a full, written inspection and evaluation of the roof for you to provide the current or next buyer. An even better approach is to call the manufacturer of the roofing material and they can usually provide you the name of roofers that have been trained and certified on installation of their particular product. If you can find such a roofer then use them as they can make a determination as to whether the roof was installed to the manufacturers required installation standards.
As for the ceiling texture issue if there is discoloration from the wall removal, or mismatch of texture, then it could signal some type of previous repairs. Discoloration of ceilings, especially in roofs directly below an attic, or previous repairs could potentially be misinterpreted as evidence of previouswater penetration or other issues. The Inspector is usually not privy to any previous work that might have been performed on the home such as the work you performed. As such unless the Inspector could positively identify it as other than water penetration they are required to report the condition to their client. It then falls on the Inspector's client to either have it checked further or discuss it with the the seller.
It sounds as if you had the unfortunate unlucky draw twice of this Inspector for your buyers. Unfortunately these things happen and hopefully your current deal can be saved, and if not then you can prepare for the next inspection. I do find it interesting that your current "seasoned buyers" backed out instead of having further evaluations performed and not considering the reason for the texture issue on the ceiling.
From a professional experience-
As a home builder I was confronted by several different home inspectors (HI), some on multiple occasions. As time went by I accumulated an extensive list of common "hits" (reoccurring items that were in need of attention) made by HI. This list along with a final inspection list of common "hits" by the convening authority gave me good insight as to preventing lengthy repair lists.
With that said, I did have the "inspector from Hell". Though he didn't taught himself as a "deal killer"- in all actuality he was! He used a preprinted "inspection report"; and within this report he had quotes printed from celebrities, heads of state, past presidents, authors, and even religious figureheads.
After a couple of lost deals (remember we're talking NEW HOME) and extensive repair/replace to save deals- We (as a company) informed all RE agents who recommended this HI that we would no longer allow him to do inspections on our homes. I lost one agent. All the others agreed to the "rule". And as a builder in a builder program (multiple builders within a development) a trend was developed- all the other builders followed suit. Collectively, we practically put the guy out of business.
Can you really report an inspection on unfounded future "could happens" when everything is functioning fine TODAY?
That was my point.
Yes and I think and inspector SHOULD do just that. So your roof is 10 years old and maybe it was installed to code 10 years ago. Codes change constantly and maybe they found that they way they installed them 10 years ago wasn't the best way. Maybe the manufacturer changed their standards to improve the installation of the roof. It would be totally appropriate for a home inspector to say "This was installed to code when it was put on, but codes have changed. They install them this way now because they found that the roofs started to leak. Since this roof was installed the old way, it might leak in the future" A home inspector is part investigator, part educator. A buyer is spending hundreds of thousands of dollars, and yes, they should be told about potential problems in the future, so that they can decide if they want to take the risk.
Everything about home inspections is HOW the inspector shares that information with his clients. Are you honestly telling me that if you were buying a house that you wouldn't want to know about a potential problem. Orangeburg pipes...hey they work fine today, but you don't want to know that they have a history of collapsing and might fail in the future? LP siding...ok today and will stay okay as long as you paint the house every 3 years. Absolutely a buyer should be told these things, and I contend that YOU would want to know those things as well.
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