Is an inspector even ALLOWED to say these things!? (disclosure, appraiser, agent)

[art_teacher_mom]

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?

[Zyngawf]

Just curious, why does he say the roof might leak? I would ask him to point to the actual wear and tear or whatever. Does he say replace or repair it?

[thndrcloud]

I'm assuming that since he ignored your agent that he probably won't listen to you either, but if you could get him to retract his comment that would probably be best.

Next best would be to contact the buyers that just bailed and offer to have the roof inspected by a professional roofing contractor at your cost with the promise that you will repair any problems found if they will go under contract again. It's a bit of a gamble but if the roof is as good as you say it is then you should be fine.

If they don't go for that you should probably get your own inspection done and have the report available to all prospective buyers with an explanation of the mismatched patch on the ceiling. You might also want to hire that roofing professional to check things out and give you a report to have on hand as well.

[manderly6]

I would definitely get the roof inspected by someone else and provide that to the buyers.

[Rakin]

Much of how good or bad an inspector does their job is determined by how well they communicate with their buyer clients. We have one in this area who brags about Listing agents calling him "The Deal Breaker". He sells this to buyers as protecting them but in reality he makes major issues with homes where there should not be. He's proud of the fact that he's "Tough" when in fact he's a lousy inspector. If he read my post he would twist it into a "I told you agents hate me because I'm so good".

One of my pet peeves is Buyers Agents who do not go to the end of the inspection with the buyer to go over the report. It is my job to put into English and ask the right questions to the inspector so my buyer understands yet is not blown away by small issues that sound like big issues.

You might get a professional roof company out to do a full blown evaluation. I would include this with your sellers disclosure. Your listing agent should request and pressure the next buyers agent to attend the inspection with the buyer.

Many of these inspectors have poor communication skills and can scare the heck out of a buyer.

[chet everett]

I am among the last to say "take him to court" but I suspect that the only way you can guarantee that this looney bird won't get hired in to do an inspection of your place in a small town is a two stage approach. Stage one: file suit. I think two dead deals are enough to convince an attorney that this guy has materially impacted your ability to sell your home. Your law suit would not be rejected out of hand.

Stage two: Ask that potential buyers of your property be barred from doing business with this whack job until after the trial. You might need a separate order from the court to enforce this.


My guess is that this guy just has a hard-on against metal roofs. In court you subpoena his history of inspections and if this guy routinely kills deals with metal roofs there might be other parties that would appreciate the effort.


Barring this admitted extreme reaction I would suggest an damned near Library of Congress sized collection of data that shows metal roofs last longer than pretty much any other kind. Hire two or more independent inspectors, from as far away in opposite directions as possible, to clearly show that your house is in good repair, with the correctly installed roof. Give potential byres access to the whole report, with every not picky little detail ticked off and addressed.


The unprofessional nature of some inspectors has long been something that just burns me up. In my mind an inspector that makes misleading and unsubstatianed statements designed to confuse buyers ought to be held accountable. This is not "free speach" this is essentially extortion / consipiracy. If people keep hiring him to inspect your house and he keeps getting paid when your house does not sell he has a vested business interest that is directly counter to your own. Every time he frightens off a buyer he makes he next insepction your house easer / faster / more profitable...

[sigep739]

This thread is a little silly... of COURSE the inspector should be saying something if he finds a problem. Since you have the roof mentioned twice, you should definitely get it checked out!

That said, the inspector works for the buyer (sometimes for purposes of financing the house.. and therefore, the bank). They are more than obligated to say something if they believe there are problems. It is irresponsible not to..

[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.

[LynnKK]

If you have heard just about enough from this guy about your roof, why not hire someone to do a complete seller's home inspection for you? I always thought when my current roof failed, I would spend the extra money to have a metal roof installed. What can be wrong with yours? Perhaps something of which you aren't aware and forewarned is forearmed.

[eric#1]

Sounds like the potential buyers should be added to the list of people that should not be home owners - All roofs could leak and they simply don't last forever - the buyers inability to get beyond that simple fact (known by the average 10 yr. old) sounds like a mental issue not a house issue.

If the inspector pointed out a "problem" thats one thing - but a roof that could leak is no different than paint that could peel a sidewalk that could crack a door that could squeak or a furnace that could wear out.

They probably don't even sleep at night for the fear they could leak all over themselves.