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Just had the buyers inspector perform inspection on house. Buyer chose not to be present during inspection. This is FSBO so as the sellers agent I stayed for inspection, but stayed out of inspectors way. Upon completion inspector called buyer to show up to go over inspection. They had 5 acres to use for their conversation but chose my attached garage to discuss matters, and from the volume level of their voices, that didn't matter. During discussion the buyer expressed some displeasure about the process (mostly closing date changes I wanted) to inspector. 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. He informed me that was his job to buyer. This was a NPI inspector Co., licensed, bonded, insured.
It is asked on the Texas Association of Realtors Seller Disclosure form section 7 if you have had an inspection done in the last 4 years, yes or no - if yes attach copies. I did not use this disclosure form, nor did I accept a copy of the inspection from buyer. What do you think of this being the inspectors job to disclose this to buyer.
Just had the buyers inspector perform inspection on house.
This is FSBO so as the sellers agent I stayed for inspection, but stayed out of inspectors way.
Are you the (FSBO) owner or an agent of some sort?
Quote:
Upon completion inspector called buyer to show up to go over inspection.
The inspector proceeds to tell them that...
This seems a little unethical so I called...
What do you think of...
I think that sellers who represent themselves are akin to those who lawyer for themselves
There are a few exceptions to this general rule...
like super hot sellers markets where the seller has a solid RE attorney to rely on for advice.
That doesn't seem to be the case here.
Last edited by MrRational; 07-23-2012 at 07:52 AM..
Why is it unethical? The inspector works for the buyer. Now if the buyer had an agent, then the inspector should allow the agent to provide advice for any follow-up actions.
Manderly - I think the meaning of "sellers agent" in this context was that as the seller, he/she was assuming the responsibility of being their own agent.
Sorry guys, just saying as the seller I would consider myself as the sellers agent. I only mentioned that due to the fact that during an inspection it was recommended that a sellers agent be present at the least. So could I reason from rjrcm reply that an appraiser could do the same. I wouldn't think that an inspectors job description list that,especially when it's not 100% true.
It is true that you have to disclose any defects found on the inspection report to any future buyers. So that is true. The inspector is just stating fact. I guess I'm wondering why you are concerned about the inspector stating something that is a fact in your state.
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.
I'd close the house as soon as funding is available. Any more time and it gives the buyer room for remorse and a lost sale. Considering the current market, I'd be inclined to cater to the buyers wants unless he's wanting to stretch the time of close farther out. Until the buyer commits to the close date, there is no sale and from my 40+ years of home sales in San Antonio, this one is REAL shaky at best.
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. I know this first hand as my sister is married to a family of Texas certified inspectors and none could build a doghouse in a year with a gun pointed at them. They'll also tell you quick- "Can't make the dough if you don't put on the show". Yeah, home inspectors in Texas is a major joke, and a bad joke at that.
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