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Old 05-12-2018, 04:01 PM
 
1,528 posts, read 725,886 times
Reputation: 2062

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Quote:
Originally Posted by MadManofBethesda View Post
No, you can't. That was the whole point of my post. They refuse to accept any accountability for their inspections, and make you sign a statement to that fact before they'll perform the work. So regardless of how negligent or incompetent they are, the only thing that you are entitled to should you want to sue them, is a refund of the fee that you paid to them. So if you're stuck with thousands or tens of thousands of dollars for repairs on a house that you wouldn't have purchased had the inspector found the defects and noted them in his report, all he's responsible for is refunding the $300-$500 fee you paid him. BFD
You'll have to talk to a lawyer but there is legal recourse against inspectors if they breach the contract and all inspectors contracts are different so I'm not going to sit here and argue with you. Many states license inspectors and an inspector can lose their license if they are guilty of misconduct.

Anyway, if you prefer, you can have your real estate agent orally tell you what's right or wrong with construction and rely on that instead. It's up to you.
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Old 05-12-2018, 04:05 PM
 
1,528 posts, read 725,886 times
Reputation: 2062
Quote:
Originally Posted by MikeJaquish View Post
Get used to it if you continue to engage. Most others are wise to the game.
Let's stick to discussing real estate and not engaging in personal attacks. Personal attacks fall foul of the CD ToS.
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Old 05-12-2018, 06:37 PM
 
Location: Raleigh NC
7,761 posts, read 6,119,124 times
Reputation: 6883
Quote:
Originally Posted by MadManofBethesda View Post
No, you can't. That was the whole point of my post. They refuse to accept any accountability for their inspections, and make you sign a statement to that fact before they'll perform the work. So regardless of how negligent or incompetent they are, the only thing that you are entitled to should you want to sue them, is a refund of the fee that you paid to them. So if you're stuck with thousands or tens of thousands of dollars for repairs on a house that you wouldn't have purchased had the inspector found the defects and noted them in his report, all he's responsible for is refunding the $300-$500 fee you paid him. BFD
If you had an incident where an inspector that you hired on a transaction that involved your Buyer's agent, they missed something they should have seen, and that inspector didn't make it right, then I am sorry on behalf of all of the actual professionals in our industry.
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Old 05-13-2018, 02:59 AM
 
1,528 posts, read 725,886 times
Reputation: 2062
Quote:
Originally Posted by MikeJaquish View Post
When you engaged her:
  1. What did you ask her to do?
  2. What did she say she would do?
Normally the overall service provided by a buyer's agent is very vaguely defined and the individual services that the consumer can expect for the money paid to the agent are also vague or not defined at all. This creates a challenge for consumers similar to the one that this poster has encountered.

If you look to buyer's agent agreements, normally there are very few specifics as to the duties to be performed by the buyer's agent. Generally it doesn't really go beyond seeking the house for the buyer and presenting offers. Most of the other 'duties' are not really 'services' to the buyer with outputs, etc. They are things like disclosing any known faults, properly accounting for any money from the buyer, treating people honestly, abiding by laws, respecting confidentiality, being honest, not giving false info, etc. These kinds of things are not services but rather ethical standards.

If someone went into a car repair shop and the manager told them that it would cost 1,000 to fix their car. The consumer would ask what repairs/services will be performed for that cost. If the answer was that the duties performed by the shop in the repair would be to be honest and abide by all laws, the consumer would be confused and probably leave immediately.

With agents, typically there are no 'services' defined throughout the building process. I'm very happy to be corrected if I'm wrong but perhaps it would help consumers if agents here gave some guidance on how consumers can get a commitment to perform specific services during the build process - e.g. should they get it writing that the agent will attend the home every week with a specific schedule of things that the agent will 'inspect' or 'assess'? And what output the buyer will receive - some kind of assessment report that contains A, B, C, etc.

Without clear specification of what services the agent will perform for the buyer, it's not surprising that there is a mismatch of expectations and disappointed consumers.
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Old 05-13-2018, 09:48 AM
 
Location: Dallas/Ft. Worth, TX
1,855 posts, read 5,674,302 times
Reputation: 3060
Quote:
Originally Posted by MadManofBethesda View Post
What a complete load of B.S.

An inspector isn't accountable for a damn thing. And they all make sure to put that in writing in the agreement you sign before they conduct their inspection. Now matter how many errors they make, or how many defective items they miss during their inspection, all that you as a client are entitled to is a refund of the fee you paid for the inspection.

Where does this so-called "accountability" come in?

And no, I haven't had a problem with an inspector (although some are much better than others). I just don't like the fact that they all claim they take no responsibility whatsoever for any deficiencies, errors, or omissions in their reports. Then what the hell am I hiring you for?

It is unfortunate that many Inspectors do place "Limits of Liability" clauses in their contracts however many do not. Consumers need to read those contracts thoroughly and pass on Inspectors who try this and move to the Inspector that does not. There are plenty out there that do not try to shortchange the consumer with limits of liability. As for accountability all Inspectors are accountable if the consumer chooses to pursue it.
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Old 05-13-2018, 09:55 AM
 
Location: Dallas/Ft. Worth, TX
1,855 posts, read 5,674,302 times
Reputation: 3060
Quote:
Originally Posted by just_because View Post
You'll have to talk to a lawyer but there is legal recourse against inspectors if they breach the contract and all inspectors contracts are different so I'm not going to sit here and argue with you. Many states license inspectors and an inspector can lose their license if they are guilty of misconduct.

Anyway, if you prefer, you can have your real estate agent orally tell you what's right or wrong with construction and rely on that instead. It's up to you.

One such protection for consumers is The Deceptive Trade Practices Act (DTPA). Many instances of the Inspector's failure to perform fall under circumstances controlled by the DTPA. Some States, such as Texas, exempt Inspectors from the DTPA but not if the incident was through intentional acts. There are also other laws that protect consumers for intentional or significantly egregious actions by an Inspector. For all other acts the Inspector is held accountable through our licensing laws which have over the years been continually strengthened to somewhat protect the consumers.
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