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I am in the process of purchasing a retail condo in a 2 story building. The unit has been vacant for several years, with utilities off. It is not an end unit and has not been winterized, but the building is approx 65% occupied.
PROBLEM: The listing broker is insisting that their inspection (seller) and my inspection (buyer) occur simultaneously, meaning on the same day, at the same time. This would be a city inspector, fire department, electrical and plumbing people, the listing broker and the buyer's crew.
My inspector says NO. They should do their inspection at least a day prior, to avoid a wasted inspection for me in the event that problems arise with the seller's inspection that could prevent my inspector from doing a thorough inspection and causing me to spend $500 unnecessarily.
We consulted with our attorney (seller does not have representation) and he recommend having them sign an agreement to cover the expense of a second inspection if for any reason my inspector is prevented from conducting a proper inspection upon the first visit.
What is your opinion. I find this very strange indeed on the listing broker's part. Thank you in advance for any feedback and assistance you may offer.
As a home inspector, I do not want to be there the same time those other inspectors are there. I don't really want the seller of the property there while I'm inspecting.
In most areas, the buyer has free access to do their inspections without the seller or other parties there.
The seller has to comply to all required codes and pass inspection in order for the property to convey to the buyer. We have requested for weeks now for them to go ahead and do what they need to. Our request is being ignored.
My inspector does not want to have all these people in his space while doing his job. I makes no sense to us why the seller broker wants everyone there at once.
My latest response from the seller broker is that he is heading to the property today to do his own inspection (hmmm I am not aware that he is a certified commercial property inspector) to ensure that all systems are up and running and we won't encounter any problems.
I have been to the property 4x. Seller broker wasn't even aware that there was no electricity to the unit and told my broker to flip the swtiches on in the electrical box. Nothing. The owner has had the utilities off for years. Listing broker had no idea? I have no faith in what he says as far as checking to see that all systems up and running...
In my area, the buyer's inspection happens relatively quickly and usually within a week or so of the offer acceptance. It's usually a gating item to if the deal proceeds (unless waived) after that gate has passed, then the fire inspection, etc can proceed.
I'd tell the selling broker there will be no sale until the unit is ready for an inspection. At that point your due diligence period will start. Then you can schedule your inspector. There's no need for you to even consider an offer if it isn't "ready" to sell.
If the selling broker is not willing to appease a potential buyer (you), then move on. Clearly he thinks he can do as he pleases for his commission.
I'd tell the selling broker there will be no sale until the unit is ready for an inspection. At that point your due diligence period will start. Then you can schedule your inspector. There's no need for you to even consider an offer if it isn't "ready" to sell.
If the selling broker is not willing to appease a potential buyer (you), then move on. Clearly he thinks he can do as he pleases for his commission.
This is the correct way^^^ otherwise you just end up in many disagreements and many other hassles. If the seller has to bring items up to code, then your inspector will check to see if it has been done, legally.
The seller has to comply to all required codes and pass inspection in order for the property to convey to the buyer. We have requested for weeks now for them to go ahead and do what they need to. Our request is being ignored.
My inspector does not want to have all these people in his space while doing his job. I makes no sense to us why the seller broker wants everyone there at once.
My latest response from the seller broker is that he is heading to the property today to do his own inspection (hmmm I am not aware that he is a certified commercial property inspector) to ensure that all systems are up and running and we won't encounter any problems.
I have been to the property 4x. Seller broker wasn't even aware that there was no electricity to the unit and told my broker to flip the swtiches on in the electrical box. Nothing. The owner has had the utilities off for years. Listing broker had no idea? I have no faith in what he says as far as checking to see that all systems up and running...
Why do I think there are more shoes to drop here? Has a title search been done? Are there liens? Back taxes? Condo issues? Something isn't passing the sniff text.
Tell you what I've done a couple of times when I had a selling broker that was not very co-operative. Do a property search and find out who owns the property. Contact them directly and tell them the broker is not very supportive of the sale. In every transaction I did this, the broker was fired and the seller contacted the State Real Estate Commission. None of those brokers are in business anymore.
Super advice from all of you! Thank you very much. harry chickpea I have done much research on the building and as much as I could on the actual unit. I have spoken with the tenant who owns the second floor entirely, inquiring about the building, any issues etc. I have been to city hall, read all the files related to the building, all the units as well as permits pulled. I have personally spoken with the city inspector. And thus far, I am satisfied. I do know that the unit is in the beginning stages of "Taking" with the city due to unpaid taxes of approx $1300. In the end, upon closing, I don't think that will be an issue. So I did do a thorough "sniff" job myself. But something doesn't seem right. I don't see how the seller's broker can't see the downside of having my inspector and theirs making possible bad "discoveries" together in front of all of us. That is to say, if there were any problems that popped up. But perhaps I am naive to something greater... but what? Or is this just simply about having the utilities turned long enough to bang out 2 inspections at once then turned off again as to save the seller $$. Now that would be pathetic.
K'ledgeBldr, thank you. That is exactly what I ended up doing this afternoon in a letter. Nothing will go any further, until they proceed with their inspection process. If the seller's broker won't comply with what is considered the normal process, then something most definitely is off.
TrapperL, YES! Great advice. I have a sneaking suspicion the seller may not be aware of how incompetent her broker is. I will do just that, as I do in fact have her address. If this fails, I will enlighten her to all her broker's inadequacies.
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