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

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

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.

Your article didn't mention the outcome of the lawsuit. Was the agent found at fault?

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.

The article stated that the attorney alleged her negligence. BIG difference.

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.

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)

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.

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.

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.

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.

This article was a story written by this attorney to sell his point on liability. There was no actual case.

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.

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.)

So that means making sure that you go through first and make sure you know how everything was left by the seller. I prefer to involve the seller in this onus am I alone out there in not wanting to have something that is outside my ability to control to be perceived as under my control...Who protects the seller anyways.

Maybe asking the buyer would help? Hey you want me here during your inspection? If so here is what I can and can not do...make a list and have them sign it. Chances are they may not want you there....maybe they want to speak freely with the inspector but feel they have to entertain you while you are lurking around trying to stay out of the way. Rather than assuming the buyer will rope you into influencing their decision ask them up front what would make them more comfortable. Once you know what your buyers wishes are pick up the phone and let the other agent know and work it out among you. When I'm looking at a house I don't want bothered when I'm engaged with a person I paid good money to do a service for me. I want to be able to listen and pay attention undistracted, uninterrupted and not feel I can not discuss things openly because another set of ears is just a room away watching cartoons or whatever.

Everyone is different. I doubt a one size fits all solution is possible.

If you are worried about openly discussing things with the inspector while your agent is nearby then you have other issues that should be addressed.
Are you agent or inspector? How Long?

Never have I had a buyer express any concern about my presence at the inspection but have had many expressly ask that I be there. As I do not live my life in fear of litigation I always try to attend all my buyer inspections. I may show sometime into the inspection or leave before it is fully complete but I am usually there at some point.

Sounds like you have it all figured out on the best way to do it. I was responding to the poster who had the questions.

I'm not worried about anything in regards to who hears what I say with an inspector...don't start looking for hidden motives or meanings in my response.

I merely pointed out that not all buyers need the agent up their hind end through every step of the buying progress..on the other hand some might want their agent there...all buyers aren't the same in how they like to handle their business dealings and I used my own preferences as an example....My point was why not ask the buyer upfront and find out what THEIR wishes are and go from there.