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#411389 - 08/16/12 10:46 AM Ethics Violation?
Wab Offline
Junior Member

Registered: 08/16/12
Posts: 6
Loc: Indiana
I am the home seller. The buyers/buyers agent home inspector report seemed OK (just poorly written). For a 100+ year old house, there wasn't much reported as a defect.
But since the initial inspection the Buyer's agent has sent the inspector back to my house on multiple occasions to do further "checks." He has reported back to the buyers of additional things they should ask for in repairs.

After the first re-visit, I forbade, in writing, entry to my home by the inspector--or any one without my written permission. He went back twice since then. The last time, I had security bolted the front door to prevent entry so he actually jumped the privacy fence, went into the backyard and entered through the back door (even though I had placed a heavy piece of furniture against the door). I have since threatened to have him arrested if he shows up again.

Buyers are continuing to add to the repair list after each of his "visits."

I just found out today that the inspector is engaged to be married to the buyer's agent.

Ethics violation?

And--can I refuse entry of this inspector during the final walk-through?

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#411398 - 08/16/12 01:47 PM Re: Ethics Violation? [Re: Wab]
Pikes Peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2799
Loc: FL
"I just found out today that the inspector is engaged to be married to the buyer's agent.

Ethics violation?"

I don't think it's an ethics violation, however, trespassing by the inspector comes to mind.
You can deny the inspector entry for the walk-through and you don't have to fix everything that's identified, there usually is an inspection timeframe and resolution date in the contract.
Also, the walkthrough should be a couple of hours before the closing.

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#411432 - 08/17/12 07:24 AM Re: Ethics Violation? [Re: Wab]
Mike Burchyett Offline
Member

Registered: 05/21/12
Posts: 183
Loc: Nashville, TN
I personally don't see an "ethics violation" however you should contact the agents Broker, local Association of Realtors, and state licensing board to hear their thoughts.

Three things come to mind here:

1) As mentioned above, trespassing on the inspector seems to be more likely

2) Generally there are time lines on an inspection contingency. How long was this contingency that the inspector has come back 4 or 5 times?? After all inspections the requested "repair list" is given to the seller in writing as well as the buyers removing their inspection contingency if the seller agrees to perform the repairs, meaning any other "repairs" after the initial request may not be enforceable. Also the purchase contract typically states that you'll allow any and all inspections to be performed on the property. Denying the inspector may be a breach of contract and you should seek legal advice regarding both of these issues.

3) Most agents want as few issues as possible to show up on an inspection so the deal doesn't fall apart. Any "ethics violation" I've seen regarding inspection has more to do with the inspector being extremely easy on the property as opposed to the other way around. The agent stands to make more money if the property closes than the inspector/fiance does by doing multiple inspections. I've never seen or heard of a situation like this, but it seems exactly the opposite of what I'd expect.

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#411437 - 08/17/12 07:57 AM Re: Ethics Violation? [Re: Wab]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2245
Loc: Outer Banks
In NC if you do not allow an inspector access to the house during the time specified in the contract you would be in breach of the purchase contract and the listing contract.

This would allow the buyers to sue you for damages and also sets you up where you would now owe the commission to the listing agent.

You should check into the legality of denying entry to the home inspector before you trigger some unintended consequences.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#411439 - 08/17/12 09:08 AM Re: Ethics Violation? [Re: Wab]
Wab Offline
Junior Member

Registered: 08/16/12
Posts: 6
Loc: Indiana
Thanks for your replies thus far. Here are a few more details for clarification:

The house is empty, I live 15 minutes away.

The contract specified 14 days for response to inspection. The initial inspection was on day 12. The buyer's agent missed the deadline for response by a day (day 15).

However, there wasn't anything outrageous, and wanting the deal to go through, I responded. I did not agree to to 2-3 of the requests b/c I thought they were upgrades rather than repairs, leaving about 6 items. My response was on time -- within the 7 days specified by the buyers.

They had 4 days to respond. On day 5, (yes, late again), they asked for a 5 day extension.

It was during this time the inspector came back to the house on several occassions without my knowledge (until after the fact). After the first time I insisted they get my permission first before entering my house. It happened a second time, I security bolted the door. I complained again and blocked the back door, etc.

So here we are now. Their response (which was of course 2 days late again) is a longer list of repairs from their first request. I have not responded yet (I have 8 days).

I agree that they buyers agent seems to be working against her best interest. This is really bizarre behavior.

The only thing I can think of is that I pissed off the inspector when I complained about the condition he left the house in after the first time he was there (he tracked black, attic dirt all through the house on the new carpet, took down ceiling tiles & left them off, mud in the kitchen, etc.).

On the walk through I wouldn't be denying an inspector, just this specific inspector.

Also, it is not so much that they inspector came back--it is doing it without even notification, let alone permission.

In the meantime, the buyers have been going forward with their loan (ordering/paying for the title, appraisal, etc.)--every indication they still want the house. I want to sell (obviously) & have no desire for any type of legal action, except for maybe a formal complaint filed against the inspector.


Edited by Wab (08/17/12 09:51 AM)

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#411442 - 08/17/12 10:13 AM Re: Ethics Violation? [Re: Wab]
Mike Burchyett Offline
Member

Registered: 05/21/12
Posts: 183
Loc: Nashville, TN
Again I would recommend seeking legal advice. Based on your description it appears to me the buyers (or their agent) missed their inspection window and that contingency may be automatically released depending on how the contract reads.

I'm assuming you are selling this on your own (no agent is representing you)?

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#411446 - 08/17/12 10:38 AM Re: Ethics Violation? [Re: Wab]
slcagent Offline
Member

Registered: 05/10/12
Posts: 37
Loc: Salt Lake City, UT
This is a new one for me. It really depends when your inspection window is. The buyer is allowed to inspect the property as many times as they what inside the window.

Also what does your Realtor say?
_________________________
Salt Lake Condos for Sale

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#411448 - 08/17/12 11:19 AM Re: Ethics Violation? [Re: slcagent]
Wab Offline
Junior Member

Registered: 08/16/12
Posts: 6
Loc: Indiana
I do have an agent. Technically since their responses are late, I could try legally force the close. Not a great option for anyone.

Also, I don't want to necessarily deny inspection-- I don't want this particular inspector back in my house-- even during the walk through. His behavior has been strange, to say the least. Also, I just wanted them to ask before entering.

Too bad for the buyers-- my lack of trust of the inspector has made me more likely to doubt his entire report & less likely to comply with anything.

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#412018 - 08/29/12 04:02 PM Re: Ethics Violation? [Re: Wab]
Spartacus Offline
Member

Registered: 01/23/08
Posts: 171
Loc: Portland, Oregon
You do not get to choose who the buyer chooses to do the inspections, sorry. If you refuse entry to this inspector, there will be repercussions, depends on what the contract says and what state laws say.
_________________________
Spartacus

“Life isn't about finding yourself. Life is about creating yourself.” George Bernard Shaw

www.homesellingteam.org/

www.homesforsaleoregon.com/



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#412021 - 08/29/12 07:15 PM Re: Ethics Violation? [Re: Wab]
Inspector Darrul Offline
Member

Registered: 08/14/12
Posts: 33
Loc: Detroit, Mi
Sounds fishy

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#412037 - 08/30/12 07:17 AM Re: Ethics Violation? [Re: Inspector Darrul]
Wab Offline
Junior Member

Registered: 08/16/12
Posts: 6
Loc: Indiana
Update: I have filed a formal complaint against the inspector with the State Attorney General for 1) unlawful entry into my home (all they had to do was ask for permission/give a time/date for entry) and 2) damage to my home (he damaged the door when he broke in and broke a few items during his inspections).

I waited to file the complaint to see if he/the buyer's agent apologized. They never did. You simply can't break into someone's home. It is beyond poor judgement and non-professional behavior.

Thank you for your replies.

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#412038 - 08/30/12 07:23 AM Re: Ethics Violation? [Re: Wab]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7743
Loc: Vermont's North-East Kingdom
Are you still interested in selling the place ?
_________________________
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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#412044 - 08/30/12 09:11 AM Re: Ethics Violation? [Re: Vermont]
Wab Offline
Junior Member

Registered: 08/16/12
Posts: 6
Loc: Indiana
Technically it is still under contract. But I just heard the buyer's financing fell through (not enough for down payment). So it looks like it is back to the market after all of this.

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#412046 - 08/30/12 11:51 AM Re: Ethics Violation? [Re: Wab]
Inspector Darrul Offline
Member

Registered: 08/14/12
Posts: 33
Loc: Detroit, Mi
Wow, that just makes my head hurt

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#412055 - 08/30/12 12:40 PM Re: Ethics Violation? [Re: Wab]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7743
Loc: Vermont's North-East Kingdom
Inadequate funds for a Down Payment should have been evident at the time a Good Faith Estimate of Closing Costs was issued by the Lender . . . . well before anyone got all wrapped up in these "inspection issues".

A nice Pre-Approval Letter, or maybe even a Pre-Qualification, would have alleviated all of this, from the get-go . . . . unless the Buyers are just using this surprise Shortage of Funds as an excuse because they've become too familiar with the property; or they've found something else that they like better.

Was the Inspector working pro bono ?
_________________________
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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