just purchased home and my inspector got it wrong (foreclosed, insurance, property)
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Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,300,551 times
Reputation: 6471
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Quote:
Originally Posted by QIS
Can an agent be held accountable for a negligent referral? Sure! You would have the burden of proof though and that could mean a documented history of situations like yours using the same personnel. i.e. the agent "knew" the tech was not good. Not very cost effective in your case,but, if it were a much larger claim, then , yes a good lawyer would put that on the menu as the broker(s) could be named anyhow.
Do some agents look for "inspection lite" inspectors or "facilitating contractors" ? yes , some do,but, not all...there are good and bad examples in all industries.
If you paid a licensed HVAC tech to inspect the unit, then they are allowed to be more technically exhaustive than a typical home inspector so you have a much better argument for expecting a detailed inspection that includes removing access panels etc. Home inspectors would not have that degree of liability.
Take the pro that helped you into small claims with pix and documentation and argue the case to try and recoup. If you want to cross-complain the agent for a negligent referral, I'm not sure it would be worth it: the "principal of the thing?" --not something I always ascribe to...anyhow, sorry about your experience.
Let's try an analogy;
You've been wronged and hire an attorney. You had a good case, but a jury decided differently. Do you sue the attorney? What about your friend who recommended him? Why not go after the jurors individually?
I have never had a good experience with home inspectors or realtors. Most of them have cozy relationships with each other, and their income depends on selling that house to you. If inspectors consistently disclose issues with a home, the realtors will no longer use them because they wont be able to sell the homes.
I would go with a home warranty in the future.
I'm sorry but you are SO wrong. A real estate agent is not going to be in business too long if all their clients end up unhappy. We make our living off of referrals. It costs far more for me to produce enough marketing that successfully brings in new clients than it does for me to treat my existing clients right and have them send me their friends, relatives, etc. Any real estate agent who only concentrates on the sale at hand is ignorant and will be out of business in no time.
Quote:
Originally Posted by brienzi
IT's really NO surprise as most of the "home inspectors" take a course, work a bit and become licensed when in reality they have no clue about what their doing or what to look for, and most r in bed with the agents to boot...anything to get the deal done and the commission made!
I think you need to re-read the thread because . . . SURPRISE (at least to you) there was no home inspector involved in this transaction. The OP hired an HVAC technician to look at the HVAC system not a home inspector. Unfortunately, they hired a dud.
The realtors here always tell people they are wrong, yet the real estate section is overflowing with stories of the same bad experiences from actual consumers. They all tell variations of the same bad stories, and of being taken to the cleaners.
I agree with you that realtors who want to stay in business for the long-haul need to step it up a notch, however, the requirements for becoming a realtor are too low and they allow too many new realtors through the revolving door of the industry. In 5 years they are gone and the national association has profited by collecting 5 years of their dues.
Who is the #2 largest lobbyist organization in the USA?
Educational and ethical requirements need kicked up a few notches to attract quality and accountability, not quantity.
The realtors here always tell people they are wrong, yet the real estate section is overflowing with stories of the same bad experiences from actual consumers. They all tell variations of the same bad stories, and of being taken to the cleaners.
I agree with you that realtors who want to stay in business for the long-haul need to step it up a notch, however, the requirements for becoming a realtor are too low and they allow too many new realtors through the revolving door of the industry. In 5 years they are gone and the national association has profited by collecting 5 years of their dues.
Who is the #2 largest lobbyist organization in the USA?
Educational and ethical requirements need kicked up a few notches to attract quality and accountability, not quantity.
Actually, "overflowing" is quite a bit of hyperbole, particularly if one infers that the stories presented are the whole picture. While it is truly a great site, CD is not the nation's complete compendium of real estate services and satisfaction therewith.
Would you expect all happy posters to comer here and tell their stories of satisfaction? No. People go to the internet with complaints and with questions about situations. And they get a lot of help here, from professionals and folks who have some knowledge to share. Yes, people have to sort through the trolls and people who present attitude rather than logic or fact, but there is a lot of help offered here.
I would present you with another opportunity to contribute, if you will:
Quote:
Originally Posted by MikeJaquish
Time to uncork the classic that not one of these collusion-conspiracy peanut gallery denizens has ever attempted to address:
"When you pick an incompetent Bozo that everyone knows is an incompetent Bozo to inspect your home, should your agent speak up about it or stay mum?
If your agent stays mum after you pick a known Bozo, is he more liable than if he spoke up?
If you don't trust your agent, would you trust him when he told you that you had picked a Bozo?
If your agent gives you a panel of 5 great inspectors, would you disqualify all of them to go with your Bozo?"
For those of you who are promoting " home warranties", they really don't do much for you. We have had 2 different ones from different companies and NOTHING that went wrong has been covered. Definitely not HVAC, washing machine or fridge. It's always something that's not covered for whatever reason. The only time I would spend money on one for ourselves, would be if we bought a home that had older appliances like the stove and dishwasher.
I would get one if the seller was willing, and we got one for the home we sold. People like the idea of a home warranty and it makes them happy. ( until they try to use it.)
How is it good for me to refer "easy" inspectors or repair people who gloss over issues.. it makes me look terrible and I can only imagine the bad reputation I would get.. yeah, that makes a ton of sense. Actually this very situation is why I have a list of 5 people in each industry that I refer only when asked. My go to response is to ask a friend that had a good experience. Then, I will offer up referrals. Attorneys in the area are telling us to not refer anyone to anything, and don't attend appraisal or inspections or anything for that matter because we'll most likely get sued over it, regardless of whether we did anything wrong. Good grief!
Quote:
Originally Posted by Bmachina
I have never had a good experience with home inspectors or realtors. Most of them have cozy relationships with each other, and their income depends on selling that house to you. If inspectors consistently disclose issues with a home, the realtors will no longer use them because they wont be able to sell the homes.
If inspectors consistently disclose issues with a home, the realtors will no longer use them because they wont be able to sell the homes.
I would go with a home warranty in the future.
Yes it is true that there are agents that won't recommend "deal killer" inspectors, but there are those that do. I also think you are confused. A home is sellable regardless of what the home inspector says. Condition can always be corrected with price. That is what investors and FHA 203K loans are for.
Quote:
Originally Posted by brienzi
IT's really NO surprise as most of the "home inspectors" take a course, work a bit and become licensed when in reality they have no clue about what their doing or what to look for, and most r in bed with the agents to boot...anything to get the deal done and the commission made!
This is a national forum. So you are positive of those qualifications for all 50 states?
Quote:
Originally Posted by Bmachina
The realtors here always tell people they are wrong, yet the real estate section is overflowing with stories of the same bad experiences from actual consumers. They all tell variations of the same bad stories, and of being taken to the cleaners.
I agree with you that realtors who want to stay in business for the long-haul need to step it up a notch, however, the requirements for becoming a realtor are too low and they allow too many new realtors through the revolving door of the industry.
This forum is also filled with some bad attorney stories as well. Look no further than PajamaMama's saga for that.
People aren't wrong that there are bad agents out there. Of course there are. It is the gross over-generalizations that consumers, such as yourself, make that cause the reaction. Just above you said most home inspectors don't know what they are doing but you don't have direct knowledge about the tens of thousands of home inspectors that exist across the nation.
If you think standards are too low, complain to your congressman. Standards are set by the states. They are not national standards.
The realtors here always tell people they are wrong, yet the real estate section is overflowing with stories of the same bad experiences from actual consumers. They all tell variations of the same bad stories, and of being taken to the cleaners.
I agree with you that realtors who want to stay in business for the long-haul need to step it up a notch, however, the requirements for becoming a realtor are too low and they allow too many new realtors through the revolving door of the industry. In 5 years they are gone and the national association has profited by collecting 5 years of their dues.
Who is the #2 largest lobbyist organization in the USA?
Educational and ethical requirements need kicked up a few notches to attract quality and accountability, not quantity.
Good point...
Only hire a seasoned full time agent after checking license status and references.
Simple enough...
I know folks that spend more time vetting a day care than when selling or buying their million dollar home.
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