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Old 07-23-2012, 12:36 PM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105

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Quote:
Originally Posted by TrapperL View Post
The inspector was an idiot and lied. The seller only has to disclose items listed on the listing agreement that he is aware of. Since the buyer hired the inspector, the inspector nor the buyer are obligated to show the seller the report. The report belongs to the buyer, not the seller.
There is no listing agreement as this is a FSBO. Yes the report belongs to the buyer. The seller doesn't have to request the report, but that doesn't mean that the buyer won't give it to them along with the repair requests, essentially forcing their hand with disclosure laws.

The inspector was trying to be helpful to their client in a FSBO transaction where it appears neither side has representation. Where is the lie? It is true that if the seller is made aware of the defects and has a copy of the report, the seller is required to disclose those defects to the next buyer if this falls apart. It probably just didn't occur to the inspector that the seller might not see the report.
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Old 07-23-2012, 01:07 PM
 
Location: Columbia, SC
8,846 posts, read 17,443,646 times
Reputation: 6202
Quote:
Originally Posted by TrapperL View Post
The inspector was an idiot and lied. The seller only has to disclose items listed on the listing agreement that he is aware of. Since the buyer hired the inspector, the inspector nor ...
On another note, should this sale fall apart, the seller only has to list defects he knows about. Considering this inspector, anything he came up with would be suspect in my book. More than likely he's reporting opinion, not fact or code. Opinions don't count and unfortunately there are far, far too many inspectors out there that haven't got the faintest clue....
How do you figure based on the information at hand? Factually, Silverfall is correct. I don't see anything factual or reality based in your post. Also, are you the OP or connected with the deal in some way because you seem to imply some intimate knowledge of this particular transaction?
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Old 07-23-2012, 01:27 PM
 
Location: Texas
5,586 posts, read 11,843,095 times
Reputation: 10545
Quote:
The inspector proceeds to tell them that the inspection repairs he just recommended could be used as leverage in bargaining. And if the sale falls through that the inspection report, and any noted deficiencies he just listed, would have to be attached to any further seller disclosures given to future buyers. This seems a little unethical so I called and asked inspector later.
This is all a lie. The repairs are not part of the FSBO contract as they are limited. There is no bargaining here. If the sale falls thru, the seller does not have to disclose anything this moron had in his report even if the seller gets to see the report. Might wanna catch up on Texas contracts as they've changed lately. It's "inspectors" like this one that the State of Texas (TREC) no longer requires and does not endorse any real estate inspections anymore. It's also because TREC will just about hand any dimwit an inspectors license that I gave mine back to them. I don't do them anymore although I could under the PE license I hold.

I have zero interest in this transaction and have no clue even where it's at- don't want to know either. I would suggest that if the poster is indeed a licensed agent and you are representing this individual as a friend, you need to know that per TREC, you are in violation of your license. You are either in a signed sellers agreement to represent the seller or you've just compromised your license. TREC is heartless about this and this is something you should have learned in the classroom or CEUs. Best of luck.
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Old 07-23-2012, 01:40 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,557,926 times
Reputation: 2179
Quote:
Originally Posted by TrapperL View Post
This is all a lie. The repairs are not part of the FSBO contract as they are limited. There is no bargaining here. If the sale falls thru, the seller does not have to disclose anything this moron had in his report even if the seller gets to see the report. ...
So Texas does not require disclosure of known material defects?

Quote:
I have zero interest in this transaction and have no clue even where it's at- don't want to know either. I would suggest that if the poster is indeed a licensed agent a...
Seems to me it's clear that the OP is not a licensed agent. The OP is selling FSBO.
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Old 07-23-2012, 01:45 PM
 
Location: NJ
17,579 posts, read 38,303,849 times
Reputation: 16098
Quote:
Originally Posted by TrapperL View Post
This is all a lie. The repairs are not part of the FSBO contract as they are limited. There is no bargaining here.
So the seller doesn't have the option of making repairs after an inspection on a FSBO? That just seems wacky.
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Old 07-23-2012, 02:23 PM
 
Location: The Triad (NC)
26,851 posts, read 57,874,473 times
Reputation: 29261
Quote:
Originally Posted by manderly6 View Post
So the seller doesn't have the option of making repairs after an inspection on a FSBO? That just seems wacky.
Even if they have the option... few buyers are well served by having the seller do them.
This cuts to the chase of cutting the price to reflect the deficiency.
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Old 07-23-2012, 02:36 PM
 
Location: Central Texas
19,882 posts, read 36,393,146 times
Reputation: 21321
So, TrapperL, I see from your profile that you are a retired homebuilder QC inspector? What could your grudge possibly be against buyer's inspectors, one wonders. Since I advise my new home buyers, whether building or purchasing a spec home, to have an inspection before closing, and since things large and small that the builder's inspector missed are often found on those inspections, one does wonder.

Sellers ARE required, represented or not, to disclose deficiencies that they are aware of with the home. If they attended the inspection and had those pointed out to them by the inspector, yes, they would have to disclose. Unless you have access to the contract that was used in this particular case, how do you know what it said and did not say? (The FSBO deals I've been involved with have involved the standard TREC promulgated contract, as the buyers HAVE been represented and the offer was written on that contract).
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Old 07-23-2012, 02:44 PM
 
Location: NJ
17,579 posts, read 38,303,849 times
Reputation: 16098
Quote:
Originally Posted by MrRational View Post
Even if they have the option... few buyers are well served by having the seller do them.
This cuts to the chase of cutting the price to reflect the deficiency.
Either or. From what Trapper posted he made it sound like this was not a possibility.
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Old 07-23-2012, 02:45 PM
 
Location: Texas.
340 posts, read 1,276,265 times
Reputation: 125
Read my post, I said in the Texas Association of Realtors (TAR) disclosure form - section 7 - it states" Within the last 4 years, have you ( seller ) received any written reports from persons who regularly provide inspections and who are either licenced as inspectors or otherwise permitted by law to perform inspections" Yes or No If yes attach copies. In the TREC (Texas Real Estate Commission) disclosure form, this is not asked. In either case, if the seller says I don't want a copy from buyer, then they haven't read it - nothing more to disclose in the future. Who wants to get stuck with someone else's inspection report, produced by an inspector who you don't know and didn't hire. I only wanted dollar amounts for repair requests nothing more. So there's the truth YOU DO NOT HAVE TO READ THE BUYERS INSPECTION REPORT, even when they try to force feed down your throat. So like I said, is it really the inspectors job to feed false information to a buyer I'm am working with to complete this transaction because obviosly he didn't know what he was talking about. Thanks anyway.
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Old 07-23-2012, 03:11 PM
 
Location: Central Texas
19,882 posts, read 36,393,146 times
Reputation: 21321
Quote:
Originally Posted by turnerfamily View Post
Read my post, I said in the Texas Association of Realtors (TAR) disclosure form - section 7 - it states" Within the last 4 years, have you ( seller ) received any written reports from persons who regularly provide inspections and who are either licenced as inspectors or otherwise permitted by law to perform inspections" Yes or No If yes attach copies. In the TREC (Texas Real Estate Commission) disclosure form, this is not asked. In either case, if the seller says I don't want a copy from buyer, then they haven't read it - nothing more to disclose in the future. Who wants to get stuck with someone else's inspection report, produced by an inspector who you don't know and didn't hire. I only wanted dollar amounts for repair requests nothing more. So there's the truth YOU DO NOT HAVE TO READ THE BUYERS INSPECTION REPORT, even when they try to force feed down your throat. So like I said, is it really the inspectors job to feed false information to a buyer I'm am working with to complete this transaction because obviosly he didn't know what he was talking about. Thanks anyway.
You also said, in your original post, ". . . I stayed for inspection, . . ." which would seem to indicate that you were in a position to know what the inspector found simply by being there. (It's just one reason we advise our seller clients NOT to attend the inspection, to avoid exactly that problem.)

The inspector wasn't feeding false information to the buyer. It is absolutely true that if the seller is made aware of problems with their house, however that occurs, they have to disclose it. It is also true that if the seller has a copy of the inspection report (or any portion thereof), they are required to amend the seller's disclosure to reflect their new knowledge of the condition of the house.

You may not like it, but it's not a lie and it's not false information.

Which disclosure form did you use, by the way? And which contract form was used?
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