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#296420 - 06/28/09 04:40 PM Listing agent at home inspection
das317 Offline
Member

Registered: 01/22/06
Posts: 60
Loc: Pennsylvania
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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#296421 - 06/28/09 04:48 PM Re: Listing agent at home inspection [Re: das317]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Personally I do not think it's a good idea for the listing agent to be there.

Perhaps the listing agent can be there for a few minutes at the beginning to make sure the inspector is able to find everything, and then come after the inspector leaves to make sure everything was locked up and put back the way it belongs. That's probably what the seller is concerned about.

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#296424 - 06/28/09 04:53 PM Re: Listing agent at home inspection [Re: Perky_REALTOR]
das317 Offline
Member

Registered: 01/22/06
Posts: 60
Loc: Pennsylvania
I agree. The seller though wants their agent there for the entire inspection.

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#296426 - 06/28/09 05:07 PM Re: Listing agent at home inspection [Re: das317]
ManFromTheBand Offline
Veteran Member

Registered: 08/23/05
Posts: 704
Loc: Spring Hill, FL
out of curiosity - why is it a bad thing for the listing agent to be present for the inspection?
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#296427 - 06/28/09 05:18 PM Re: Listing agent at home inspection [Re: ManFromTheBand]
Jennifer Allan Offline
Major Contributor

Registered: 11/12/06
Posts: 1623
Loc: The Beach
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...
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#296433 - 06/28/09 05:51 PM Re: Listing agent at home inspection [Re: Jennifer Allan]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8476
Loc: georgia
I could see the listing agent being there if the seller was an out of towner. Also maybe there have been hard negotiations already and the trust between the buyer and seller is not there.

I agree though it's not good to be there for the listing agent.

I believe the MUCH BIGGER issue is the CREDENTIALS of the home inspector.

In my state GA you will not beleive this but if you can BREATHE you can be a home inspector.

This is why builders DEMAND that the home inspector have a million dollar libaility policy and also be ASHI certified or completed the CABO course. They require an inspection report with pictures not just someone writing a report and "taking their word for it"


You should see it we have failed REALTORS who become inspectors,painters,etc. with no certification or training.

I always tell buyers you cannot have your Uncle Fred or Bubba down the street conduct the inspection.They often time over exaggerate or make up stuff to get the sellers price down. I tell buyers the banks and regular sellers will not go for this.

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#296434 - 06/28/09 06:38 PM Re: Listing agent at home inspection [Re: das317]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4725
Loc: Vermont's North-East Kingdom
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.
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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]
shana Offline
Major Contributor

Registered: 11/06/07
Posts: 1602
Loc: Nevada
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]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Originally Posted By: ManFromTheBand
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]
TB in TX Offline
Major Contributor

Registered: 08/16/07
Posts: 2813
Loc: X
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]
PA Roadkill Offline
Major Contributor

Registered: 11/15/06
Posts: 2050
Loc: The Middle of the Interstate
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.
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#296470 - 06/29/09 05:19 AM Re: Listing agent at home inspection [Re: PA Roadkill]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
I disagree - the buyer should be allowed to talk - to ask questions, to ask for clarification. But everyone else should shut up.

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#296484 - 06/29/09 08:57 AM Re: Listing agent at home inspection [Re: Perky_REALTOR]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
Its not commen for the LA or the seller to be present but, it happens sometimes. I've had sellers who were unable to leave, i've had a listing agent there before as well. They always stayed out of the way.

The inspector worked for the buyer and never spoke the others (except to say hi, introduce himself, and a courtesy sorry for the inconvience). It was no big deal. They went about their business and stayed out of the way.

I would bet the LA has no desire to be present. But if the seller directs the LA to be present whatcha gonna do.

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#296883 - 07/02/09 12:03 AM Re: Listing agent at home inspection [Re: REODayton]
Viktor Offline
Veteran Member

Registered: 09/23/07
Posts: 874
Loc: Dallas, TX
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.


Edited by Viktor (07/02/09 12:06 AM)
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William Davis Realty
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#296898 - 07/02/09 07:35 AM Re: Listing agent at home inspection [Re: Viktor]
LizL Offline
Major Contributor

Registered: 08/27/05
Posts: 1620
Loc: Missouri
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.
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