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I am currently selling home and the future buyer is under contract and we have no Ko clause. We still have addendums to finalize. Up to 9 so far. The buyer and buyer's agent are related. The buyer and agent have shown up at residence unannounced twice. They have been present for all home inspections and refuse to turn over home inspection report. Is there a confilct of interest with this senario? Can i demand that the buyer and agent not be present for future home inspections? Has a law been broken? Can I file a complaint with the realtors association? My agent and buyers agent are currently not on speaking terms....
it's normal for a buyer to be present for inspections along with their agent. They should be giving you some notice before showing up though....They are not obligated to share the reports with you unless they are citing a required repair, and in that case they should show you what the inspector found that needs to be fixed.
it's normal for a buyer to be present for inspections along with their agent. They should be giving you some notice before showing up though....They are not obligated to share the reports with you unless they are citing a required repair, and in that case they should show you what the inspector found that needs to be fixed.
Why do you think you're entitled to any inspection reports they receive? They are buying them for their own knowledge of your own. If you were paying for them, you would be entitled to them, but you're not. As stated above, you can see part of the report if they ask for a repair, but there is no conflict of interest and no laws or ethics have been broken.
No there is no conflict for the buyer and buyer's agent to be related.
The buyer has no obligation to "turn over" the inspection report(s). The buyer has paid for the reports and owns them. I have no idea why you want them.
BTW - when I'm the listing agent - I don't want a copy of the inspection reports. My reason is that the report may make note of some defect that the buyer is not acting on but I (& the seller) will then be made aware of. If the deal fails, we may be forced to disclose the defect to the next buyer. As a listing agent, I'm only interested in the items the buyer is wanted repaired after giving notice.
As for the buyer's agent showing up unannonced - that's a real problem. Check with your listing agent to be sure notice is not being given to your agent nor his/her office. Assuming there is no notice, ask that your listing agent remove the lockbox from your home and refuse to allow the buyer's agent in without notice. Make those intensions clear to your listing agent. At the moment it's still your property and you may refuse access to anyone.
After "notice to correct" and once a repair is effected, the buyer has a right to verify the work has been completed.
I always worry about these deals where the 2 agents aren't speaking. I know it's possible to find the other agent so - whatever!!! - that they are hard to deal with. Still, it's just business and we don't always have the pleasure of dealing with wonderful people. I'd explain to your agent that you want communications to go more smoothly. This all may not be your agent's fault but he/she is a professional and should behave as one ... even if the other side is total jerks.
The National Code of Ethics has not been violated from what I read. Additionally, (without knowing your state laws) I don't see where there is any legal issue. It sounds like there are mainly hard feelings and that's a shame. It may be time for everyone to set ego aside and get this deal closed!
Best wishes
No offense, but why in the world would you want to ban them from being present at an inspection. It makes me think that you are contributing to the problem of your transaction. Who bans buyers from being part of the inspections? Would you want a seller to ban you from participating in an inspection on a house that you wanted to buy?
I also agree that the buyer's agent may have given notice to someone at the listing agent's office. Do they have an assistant? I had a listing last year that was appointment only. An agent shows up and the seller calls me really upset. Well his assistant was supposed to call and schedule the appointment.
Honestly the fact that you are questioning the ethics of the buyer and agent showing up to a home inspection that they are paying for tells me that you have not been well educated about the process. The fact that you are upset that they won't give you a copy of the inspection report tells me that you are not well educated about the process. I'd have a chat with your agent and ask why they haven't prepared you for the normal real estate process better.
I think you need to dial your emotions down. Have your agent send a letter to the buyer's agent copy the managing broker. Tell them that common courtesy dictates the seller be given 2-4-8-24 hour notice for any future inspections. In the future, if the seller does not have notice, all persons will be turned in for trespassing.
This happened with my mother, when she sold her house. The buyer and her broker where not from here, and did not understand the rules of the game. They brought over every relative they had to inspect the house from 7 am to 8 pm. They took the lockbox off the door after a week.
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