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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: 4458
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: 1520
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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