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#116548 - 08/12/06 03:17 AM Witholding inspection report
Puppet22 Offline
Junior Member

Registered: 08/12/06
Posts: 2
I'm in the process of selling my house and we are currently in escrow. The buyers scheduled their home inspection a couple of weeks ago. A plumbing inspector and chimney inspector were also hired by the buyers’ to perform additional inspections. My real estate agent was present at the time of the inspections, and was also present when the inspectors went over the reports with the buyers. He received copies of each of the inspection reports that day, however he failed to immediately disclose to me that there were severe structural problems found in the chimney.

Two weeks later he informs me that the buyers want a $17,000 repair credit for the chimney, because the chimney inspection revealed major structural problems. According to the chimney inspection report, structural defects were found and it was recommended that the chimney be entirely rebuilt. I was taken completely by surprise, and when I mentioned to my agent that I want to get independent estimates from chimney contractors, he advised against me against doing this or making any repairs. He pressured me to credit the buyers 17,000. He insisted that I offer them monetary credit and told me that they didn’t want me to do any repairs, or I would lose the sale. He finally forwarded me a copy of the chimney inspection report by email which showed that he's had a copy of the report for 2 weeks now but didn't say anything to me.

Does this fall under the failure to disclose rules? And why would he withhold that information from me?

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#116549 - 08/12/06 09:24 AM Re: Witholding inspection report
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
Is the agent working for you as a "seller's agent"?
If he is, I'd go to his broker and ask why YOUR agent has not disclosed this to you right away, and why is he not looking out for your best interests, a violation of the realtor code of ethics.

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#116550 - 08/21/06 10:07 PM Re: Witholding inspection report
AZ- Realtor Offline
Veteran Member

Registered: 08/16/05
Posts: 626
Loc: AZ
I would get another inspection/quote, but crediting for repairs is much wiser than doing it yourself.

How long is the inspection period? Is this request within the inspection period?

If he/she had told you earlier, would it have made any difference? How you do know they have had it for 2 weeks? If the buyer ordered it, it would have gone to the buyer and their agent.

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#116551 - 08/24/06 12:04 PM Re: Witholding inspection report
Puppet22 Offline
Junior Member

Registered: 08/12/06
Posts: 2
The request was sent after the buyers' inspection contingency had expired.

I found out my agent had received a copy of the report 11 days earlier because he forwarded me a copy of the email he received from the buyers' inspector on the date the inspector sent him the inspection report.

I guess he forgot to delete that information before forwarding it on to me. I also spoke to his broker who told me that my agent said that he insisted that I be present during the inspection but that I chose not to be. He also said that he offered me a copy of the inspection report that day, but I that I refused. Now he's lying about it so he obviously knows what he did was wrong.

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