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#296420 - 06/28/09 04:40 PM
Listing agent at home inspection
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Member
Registered: 01/22/06
Posts: 60
Loc: Pennsylvania
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I am acting as a buyers agent and have a home inspection that my buyers were trying to schedule for this week. I heard from the listing agent that the seller wants him to be at the inspection. Typically the listing agent is not there. I told my buyer this and she talked to the inspector she wanted to use, who is telling her that if she does not want the listing agent present, she can demand that because it is her inspection that she is paying for. I don't want the listing agent there, but being that it is the seller's house, I would imagine they could ask him to be there if they want. Thoughts appreciated.
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#296424 - 06/28/09 04:53 PM
Re: Listing agent at home inspection
[Re: Perky_REALTOR]
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Member
Registered: 01/22/06
Posts: 60
Loc: Pennsylvania
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I agree. The seller though wants their agent there for the entire inspection.
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#296427 - 06/28/09 05:18 PM
Re: Listing agent at home inspection
[Re: ManFromTheBand]
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Major Contributor
Registered: 11/12/06
Posts: 1623
Loc: The Beach
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Inspections are stressful and the fewer bodies in the mix, the better. Having the listing agent there will make everyone just a little bit more uncomfortable and that's definitely NOT what you want during an already-uncomfortable event.
Also, this is when the buyers have the opportunity to bond with the house and start to feel at home there, and if the seller or listing agent is around, it will stifle that process.
Also, also... it's very tough for a seller or listing agent to stay out of the way and to not argue with the inspector, buyer agent or buyer when problems are found. And that can be the kiss of death to the deal. Let the buyer agent handle it.
I'd explain to the seller that it's detrimental for you to be there. However, if he insists, just do it - but stay WAY out of the way. Like in the barn...
_________________________
Jennifer Allan, GRI RE/MAX Hall of Fame Author of Sell with Soul, Creating an Extraordinary Career in Real Estate without Losing Your Friends, Your Principles or Your Self-Respect
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#296434 - 06/28/09 06:38 PM
Re: Listing agent at home inspection
[Re: das317]
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Major Contributor
Registered: 04/12/08
Posts: 4456
Loc: Vermont's North-East Kingdom
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On my Listings, I am always present at the Inspection, and the doors don't get unlocked until the B I signs a "Hold Harmless Statement" in which he/she acknowledges that he/she is professionally involved in performing these Inspections for a Fee; that he/she is covered by Workers Compensation, or if not, that they will hold the Owner harmless in the event of an injury to the Inspector; that the Inspection will be conducted using Non-Invasive Techniques; and that they agree to leave the premises in the Same Condition as they were found in at the beginning of the Inspection. THEN we open the Door.
Since implementing this procedure some 10 or so years ago, I haven't had any:
carpeting left pulled up from the floor;
circuit breaker panel covers left off;
insulation pulled down from ceilings;
electric outlet covers left removed;
soot/cinders left laying at the base of the chimney clean-out;
window sashes removed, or window panes broken;
or any other mishaps or filth left that reflects carelessness and general disregard for the Owners of the property - My CLIENTS or ME !
Many Home Buyers are dumbfounded when they see how few of these people actually carry WC, (or E&O) and without it, may place a Liability on the Buyers who are hiring the Inspector. I did have one casual friend of a Buyer perform an Inspection and fall down some stairs and die; but he was drunk so it wasn't my problem.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont Where We're Always Striving To Put Together "THE FAIR DEAL"
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#296445 - 06/28/09 08:31 PM
Re: Listing agent at home inspection
[Re: Vermont]
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Major Contributor
Registered: 11/06/07
Posts: 1519
Loc: Nevada
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it's the seller's property, so he/she and anyone else the seller designates has the right to be present.
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#296447 - 06/28/09 08:39 PM
Re: Listing agent at home inspection
[Re: ManFromTheBand]
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Mod Squad
Major Contributor
Registered: 11/27/06
Posts: 7685
Loc: PA
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out of curiosity - why is it a bad thing for the listing agent to be present for the inspection? I guess it really depends on the listing agent. Had one listing agent say outrageous things to my buyers at an inspection, things that she could not collaborate, things that were not true, and things that were actually offensive to my buyers. She also proceeded to lecture my buyers on certain policies/procedures, that she had no business doing. She was trying to be helpful, I suppose, but ended up turning an already anxious day into a nightmare.
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#296450 - 06/28/09 09:05 PM
Re: Listing agent at home inspection
[Re: Perky_REALTOR]
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Major Contributor
Registered: 08/16/07
Posts: 2813
Loc: X
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As long as the listing agent does not interfere with the inspector's ability to do his/her job, there is nothing wrong with them being there. Just stay in your separate corners, and let the agent and the inspector know that when the results are delivered, they are only to be shared with the buyer and their agent (you). The listing agent will have to excuse herself at this point, or keep her mouth completely shut.
It is your buyers right to receive the results privately and converse freely with the inspector and their legal representative.
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#296468 - 06/29/09 04:49 AM
Re: Listing agent at home inspection
[Re: TB in TX]
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Major Contributor
Registered: 11/15/06
Posts: 1984
Loc: The Middle of the Interstate
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Have the LA bring a book or some work or a laptop. Sit them down at a dining room table or a comfy seat in the living room. Insist that they only speak when spoken to, like in a courtroom. That shoud apply to the buyer and their agent also.
Let the home inspector do his (or her) job.
_________________________
Broker-Owner Thirteen Years REO Experience GRI,CRS,CRB,e-Pro
Some days I feel like the bug, other days I feel like the windshield
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#296898 - 07/02/09 07:35 AM
Re: Listing agent at home inspection
[Re: Viktor]
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Major Contributor
Registered: 08/27/05
Posts: 1620
Loc: Missouri
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Should-a, could-a, would-a--all that aside, the point is that the SELLER owns the house until title is passed to the buyer. As OWNER, the sellers certainly have the right to request their agent be present for inspections (some even require listing agent to be present during showings). Do I WANT to be present as the listing agent? No. I'd rather be dealing with a properly licensed inspector, as Vermont said, and leave the inspection to the buyer's agent; but when the rightful owner of the property makes a legal request, the listing agent should honor it.
Vermont's suggestions make sense, especially in any state where inspectors are not required to be licensed and insured (maybe most states?) That's a HUGE issue that we almost always blissfully ignore.
Whose responsibility is it to be sure that only qualified, licensed persons are given access to the property? I submit that the liability might actually rest with the agent who let the inspector in the house. That is most often the buyer's agent.
_________________________
REALTORŪ, Broker/Salesperson, GRI, ABR REO listing/selling since 2004; BPOs
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#296902 - 07/02/09 08:04 AM
Re: Listing agent at home inspection
[Re: LizL]
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Major Contributor
Registered: 11/03/07
Posts: 2326
Loc: Northern Colorado
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If I would be asked by a seller to be at the property inspection. I would go, but first I would ask what they expect me to do there. I would be happy to go to make sure they lock up and don't take apart anything. But mostly I would want to stay out of the way. I suspect in this case the listing agent really doesn't want to be there, but is just doing what the sellers request.
_________________________
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#297130 - 07/04/09 10:08 AM
Re: Listing agent at home inspection
[Re: Perky_REALTOR]
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Major Contributor
Registered: 08/27/05
Posts: 1620
Loc: Missouri
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I never view the other agent as an adversary, unless she/he steps in and starts lecturing my clients on something to do with the home inspection/community rules/other issues. That is not his/her place. Great attitude! I only wish that all buyer's agents had the same attitude. Haven't we all had to deal with BAs who think it's their job to "get" everything they can from the sellers?
_________________________
REALTORŪ, Broker/Salesperson, GRI, ABR REO listing/selling since 2004; BPOs
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#297133 - 07/04/09 10:09 AM
Re: Listing agent at home inspection
[Re: RealtyPro]
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Major Contributor
Registered: 04/12/08
Posts: 4456
Loc: Vermont's North-East Kingdom
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We have one Building Inspector who pridefully told me that he's "never been sued on a deal that didn't close." So, he makes it his duty to discourage people from buying anything with the slightest defect.
And he has also told me that if he doesn't particularly like a house when he drives up, then "there's no way in hell that he's going to give it a clean bill of health." But he will give the Buyers a 50% Discount on the next house they become interested in.
He's good friends with another "former" Inspector, who after performing hundreds of Inspections, had one Lawsuit which wiped out every penny of profit that he hand made in his prior Inpections. Thus ended of his career as an Inspector.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont Where We're Always Striving To Put Together "THE FAIR DEAL"
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#297139 - 07/04/09 10:37 AM
Re: Listing agent at home inspection
[Re: Viktor]
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Major Contributor
Registered: 07/27/06
Posts: 3665
Loc: Dayton Ohio
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Hm out of curiosity, why the listing agents are going to waist their time attend the inspection, to hold the inspector's flashlight? I thing listing agents could use their time with something more useful. Moreover, I do not see anything stresfull in the inspection. I attend at least part of the inspection with the first time buyers, they feel better when see the their agent there. I agree with Perky, buyer needs to ask questions and I encourage them to do that. Ever have your house listed? Some people are not comfortable with strangers in their house. It does not matter why the LA is requested to be present, its the clients request. Like Perky said, the LA and BA should not be enemies. Both parties are working for the same goal, sell the property or don't get paid. It uncommen here to see POF or Lender letter to be verified prior to a scheduled showing, but some properties require it. I understand why, my wife will ask me to take her to look at a 900K house that we have NO MEANS to buy. Im sure it emiminates alot of showings, but those that comply are strong buyers.
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#297154 - 07/04/09 02:23 PM
Re: Listing agent at home inspection
[Re: LizL]
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Mod Squad
Major Contributor
Registered: 11/27/06
Posts: 7685
Loc: PA
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I never view the other agent as an adversary, unless she/he steps in and starts lecturing my clients on something to do with the home inspection/community rules/other issues. That is not his/her place. Great attitude! I only wish that all buyer's agents had the same attitude. Haven't we all had to deal with BAs who think it's their job to "get" everything they can from the sellers? Yes and on the same token, I have dealt with sellers so stubborn, they refused to budge on ANYTHING be it a closing date, a credit for a necessary repair, or even the dates of the inspections. The last deal I had, the seller demanded that we make our inspections sooner than the time in the contract (standard time frame around here is within 15 days from execution). Then because they didn't have everything ready on the day of inspection, we had to ask for an extension, which would not have been necessary had the seller just went with our original time frame to begin with.... As a buyer's agent, it is my job to get the best deal possible for my client; as the seller's agent it is my job to get the best deal for him - sometimes what's best for one is not best for the other. LOL
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#297166 - 07/04/09 04:18 PM
Re: Listing agent at home inspection
[Re: Perky_REALTOR]
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Major Contributor
Registered: 08/27/05
Posts: 1620
Loc: Missouri
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. . .and on the same token, I have dealt with sellers so stubborn, they refused to budge on ANYTHING be it a closing date, a credit for a necessary repair, or even the dates of the inspections... We have a property listed in my MLS that has been on market now for over a year. Sellers will not negotiate ONE DOLLAR less than listed price (too bad that fact is not disclosed in the agent notes for the listing)! After spending the time to show it and then to bring an offer, most agents refuse to show it again when they find that sellers won't even counter a less-than-full-price offer. Yes, clients and their agents feel cheated, even blind-sided, when they encounter a no-negotiation-allowed attitude on the other side.
_________________________
REALTORŪ, Broker/Salesperson, GRI, ABR REO listing/selling since 2004; BPOs
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#297525 - 07/07/09 07:57 PM
Re: Listing agent at home inspection
[Re: LizL]
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Member
Registered: 05/15/09
Posts: 59
Loc: Halifax Nova Scotia
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I've had a case where the vendor would not leave for the home inspection and the buyer's agent was rude when she called to tell me so I wasn't so upset anymore. I told her to deal with it cuz the vendor was not leaving.
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