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#116264 - 12/13/05 12:40 PM Inspection attendance
Sheldon Johnston Offline
Member

Registered: 10/11/05
Posts: 428
Loc: Edmonton, Alberta, Canada
Just curious to hear some thoughts on the requirement of a buyers agent to be in attendance for any of the buyers inspections on a property.

Would like to hear thoughts of why should an agent be present, which agent?

Any issues you are aware of regarding agents being held liable for damage done or caused by inspectors.

I like to hear examples of industry practices and their pros and cons.

Thank you
_________________________
Sheldon Johnston
Coldwell Banker Johnston

www.edmonton-homes.ca

Blog http://www.edmontonrealestateblog.com/

Edmonton, Alberta

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#116265 - 12/13/05 03:02 PM Re: Inspection attendance
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
Here is one attorney’s opinion of what an agent should and shouldn’t do. Many companies in our state follow his advice and make it policy for their agents. I probably posted this before, but because it is a legal perspective, I think it carries more weight than your average layman’s response.
http://www.frascona.com/resource/oef202pass.htm

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#116266 - 12/13/05 06:46 PM Re: Inspection attendance
Sheldon Johnston Offline
Member

Registered: 10/11/05
Posts: 428
Loc: Edmonton, Alberta, Canada
Thank you. In terms of engaging inspectors I have a significant disclaimer regarding their competencies and a list of questions to ask including some exclusions. The article you sent is very relevant thank you. I see the inspection as perilous for buyers agents. Especially if something is damaged on the property by the inspector or missed by the inspector.
_________________________
Sheldon Johnston
Coldwell Banker Johnston

www.edmonton-homes.ca

Blog http://www.edmontonrealestateblog.com/

Edmonton, Alberta

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#116267 - 12/13/05 06:47 PM Re: Inspection attendance
Sheldon Johnston Offline
Member

Registered: 10/11/05
Posts: 428
Loc: Edmonton, Alberta, Canada
Your article didn't mention the outcome of the lawsuit. Was the agent found at fault?
_________________________
Sheldon Johnston
Coldwell Banker Johnston

www.edmonton-homes.ca

Blog http://www.edmontonrealestateblog.com/

Edmonton, Alberta

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#116268 - 12/14/05 08:47 AM Re: Inspection attendance
eldoradosrealestate.com Offline
Veteran Member

Registered: 10/22/05
Posts: 939
Loc: Placerville Ca
The article does state that she was at fault for negligence. By acting as the inspector's supervisor she was taking on a task that she was not qualified to perform and her buyers trusted her.
_________________________
Margaret Holland
Holland Realty
Broker

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#116269 - 12/14/05 07:57 PM Re: Inspection attendance
Sheldon Johnston Offline
Member

Registered: 10/11/05
Posts: 428
Loc: Edmonton, Alberta, Canada
The article stated that the attorney alleged her negligence. BIG difference.
_________________________
Sheldon Johnston
Coldwell Banker Johnston

www.edmonton-homes.ca

Blog http://www.edmontonrealestateblog.com/

Edmonton, Alberta

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#116270 - 12/14/05 10:12 PM Re: Inspection attendance
Kthor Offline
Member

Registered: 05/16/05
Posts: 100
Loc: CA- East Bay
it's always good to attend clients inspection to know what's been found by the inspector and not to act as one. and at times it's good to ask a few questions that your clients might be thinking but to shy to ask the inspector.
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#116271 - 12/15/05 02:11 PM Re: Inspection attendance
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
 Quote:
and at times it's good to ask a few questions that your clients might be thinking but to shy to ask the inspector.
That's very tempting, but I can hear it now:
"My agent knew all of the right questions to ask and seemed very knowledgable of the inspection process, so I relied on her/him for everything."
Do not become the "inspection specialist". (just my opinion)

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#116272 - 12/16/05 06:53 PM Re: Inspection attendance
Chicago23 Offline
Member

Registered: 09/23/05
Posts: 161
Loc: Chicago
This is very interesting. I can't believe that an inspector got off who is licensed in this area and the real estate agent who is not was found at fault. What if she did not make any comments during the inspection? Would this have made a difference? Just her presence alone puts her at fault?

I work in Chicago, the seller's agent is not going to meet the inspector to perform an inspection, normally its the buyer agent's responsibility. If the home is oocupied, seller typically do not want buyer walking around their home without their agent.

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#116273 - 12/17/05 09:20 AM Re: Inspection attendance
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
It is recommended the agent not follow the inspector around. To sit at the kitchen table, do some paperwork, follow up on phone calls etc.
Once the inspection is over, wait for the written inspection report to go over it with the buyer.

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#116274 - 12/17/05 11:23 AM Re: Inspection attendance
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
What about the listing agent to be present? I recently had a listing of mine be inspected and I was not invited so I didn't go; I was not the buyer's agent in this case. The inspector left the electric turned off, the heat turned off, and tore out wall panels and left them that way. My seller was angry and I don't blame him. The house had heat, electric, etc. on at the time of the inspection. If we had not discovered this by accident, the plumbing could have frozen, as the temps dropped into the teens that night. I can't understand why an inspector would do this. I am thinking now that I should attend the inspections from this point on to protect the interests of my listing client.
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#116275 - 12/17/05 11:48 AM Re: Inspection attendance
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
I can't see a problem for the listing agent to be there and follow up, to make sure the seller's interests are protected.

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#116276 - 12/17/05 02:09 PM Re: Inspection attendance
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
This article was a story written by this attorney to sell his point on liability. There was no actual case.

 Quote:
Originally posted by eldoradosrealestate.com:
The article does state that she was at fault for negligence. By acting as the inspector's supervisor she was taking on a task that she was not qualified to perform and her buyers trusted her.
_________________________
Paul Oaks
Oaks Real Estate Group

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#116277 - 12/19/05 09:47 AM Re: Inspection attendance
Sheldon Johnston Offline
Member

Registered: 10/11/05
Posts: 428
Loc: Edmonton, Alberta, Canada
Our regulatory body has introduced a policy, guideline if you will that the person who opens the door ie buyers agent in most cases, is responsible for any and all problems if the inspector does something. On one hand we should sit tight and not be involved, on the other the we are expected to be aware of what the inspector is doing and return things to there proper state. Does anyone else find this a precarious perch?

Should it be part of the listing contract that the property may be inspected and that the buyer agent may be present but is not responsible for the actions of the inspector who is chosen by the buyer. Shouldn' a problem that arises at the inspection be, between the parties to the inspection and not the buyers agent who is simply baby sitting.
_________________________
Sheldon Johnston
Coldwell Banker Johnston

www.edmonton-homes.ca

Blog http://www.edmontonrealestateblog.com/

Edmonton, Alberta

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#116278 - 12/19/05 10:19 AM Re: Inspection attendance
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
That's why the level of involvement during the inspection by an agent can cause liability, according to the attorney.
It would be good for the agent to walk through the home after the inspection to make sure everything is in the same condition as before the inspection. (lights, thermostat, locked doors etc.)

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