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Can a seller remain in the house during a home inspection? In Maryland at least.

By
Real Estate Agent with Coldwell Banker Residential Brokerage 531132

 

Now, before you get all toasty on Rich, remember, the title of the post says "can,” not "should." I do believe a seller should leave the premise when a home inspection is being conducted. There have been periodic posts about this subject from time to time with a lot of great comments. One home inspector even said he asks the sellers to leave, if they hadn't already done so. As a listing agent, I'm not sure I would agree with that approach, since the home inspector generally doesn't know what was agreed to in the contract of sale.

Some of the comments I’ve read go so far as to say the seller has no "right" to be at a home inspection. Personally, I think that's taking it a bit too far. Rights are generally defined by law, or contract. While I do recognize the passion in these types of comments, I’ll stick with the contract to see what “rights” are granted.

In Maryland, the home inspection addendum actually gives the seller the “right” to remain in the home during the home inspection. Here's a direct quote, "buyer and seller shall have the right to be present during the inspection(s), and buyer shall give seller reasonable advance notice of the date and time of the inspection(s)."

There's no ambiguity there as far as whether the seller has a right to remain in the property during a home inspection…at least in Maryland. For many reasons, I don't believe they should be in the home, and I always encourage the sellers in my listings to leave.

That being said though, if you’re not sure what "rights" convey to a party in a real estate transaction, read the contract.


Richard Iarossi, REALTOR®
Long and Foster® Real Estate, Inc.
Crofton, MD 21114

410-451-6255 Office
443-995-9595 Cell
Web: http://www.RichSellsHomes.com
eMail: Rich@RichSellsHomes.com

Annapolis MD Real Estate
Bowie MD Real Estate
Crofton MD Real Estate

©2011 - RichSellsHomes, All Rights Reserved

 

 

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 Richard Iarossi is a full time licensed REALTOR®, working in Crofton, MD. My coverage areas are: Anne Arundel, Prince George’s, Howard, Calvert, Queen Anne, and Baltimore City and County. I specialize in residential real estate, working with both buyers and sellers. Use the registration free search on my website at www.RichSellsHomes.com. If you’re not already working with a REALTOR®...I can help. Call me at 443-995-9595 (Cell) or 410-451-6255 (Office).

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Comments (83)

Brenda, Ron, Lee Cunningham & Tara Keator
West USA Realty - Phoenix, AZ
Realtors, Homes for Sale - Phoenix Metro

I find that most of the time the sellers leave and when they haven't there wasn't any problems.  That said, if you have a buyer and seller both at the home and both are difficult individuals, well trouble could brew.  I as a seller would like to be there.  I as a buyer would definitely want to be there to see what the inspector finds so I can make a good decision on the home.  I usually have the buyer come toward the end of the inspection so that the inspector can point out the issues when he is done and that way the buyers don't get in his way.  I always explain to the buyer that if we interupt the inspector while he is doing the inspection it will take him much longer to get through it and he has back to back inspections so he will go through everything with them at the end. 

 

Jan 21, 2011 06:05 AM
Jan Stevens
Coldwell Banker Pittsburgh - Cranberry Township, PA

#47 had the best reason for sellers not being there...they are then required to disclose anything the inspector said even if it is not in the written report. The best scenario is for sellers to leave but it's not always possible -- and they do have the right to be there.

Jan 21, 2011 06:18 AM
Dana Hollish Hill
Hollish Hill Group, JPAR Stellar Living - Bethesda, MD
REALTOR * Broker * Coach

Lenn -

I agree. If the seller is staying, so should the listing agent. 

Dana 

Jan 21, 2011 06:37 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

It's probably a good idea to at least have the seller "on call" during the home inspection.  After all, they know the home better than anyone and can probably answer basic questions that others may not be able to answer.

Jan 21, 2011 08:47 AM
Kerry Jenkins
Prime Properties - Crestline, CA

I've had the seller in the home only a few times in almost 6 years. The seller usually follows the home inspector like they're his shadow...I think it's a good idea to have the inspector do his/her job and then during the walkthrough with the inspector, things can be pointed out and etc. However, it's not usually good for buyer and seller to meet either cause you just never know....but I haven't had it cause any problems(knock on wood).

Jan 21, 2011 08:48 AM
Marshall Brown
Mid America Inspection Services, LLC - Fargo, ND
BSEE, CHI

Over a decade of inspections I have always encouraged buyers to be present for the inspection. It was most often the case if the buyer AND their agent were both present that the buyer was prepared to sign off on the contingency after I had reviewed the report with them. Having them there also greatly reduced to follow up questions and delays in releasing the contingency.

I'd have to disagree with Michelle #52 above about the sellers.  I don't mind them there myself but it can make buyers uncomfortable in asking legitimate questions and since the findings at least have the potential to become negotiation items deserve a degree of privacy.

Only 4 or so times has the buyer being present been a problem for me. One had me close to tears because she had just lost her husband and was now selling the home they had built together decades earlier, one was a certified nut case who would not allow access to the basement, and as soon as I tested a closet door called both the listing and buyers agents and their brokers and starting screaming at them about my invasion of her privacy. I folded my tent on that one and begged off with the client. One seller followed me around and explained ever nut, bolt and screw in the house and when it was installed and another ordered me AND the buyer out of his house because we had been there longer than the hour their Realtor told them a home inspection should take. He also wanted me to pay for his electricity that I used when I plugged my lap top in. Any Realtor who believes that should review what the NAR site says for an unbiased opinion.

I like to think most home inspectors are sensitive to how tramitic moving from a home can be and are respectfull of the sellers feeling and the fact that their can be some high emotions during this time but my advise is even if the buyer has a legal right to be present it is always advisable to not have them present.

Jan 21, 2011 10:19 AM
Dava Behrens
Coldwell Banker Valley Brokers - Corvallis, OR
Broker, Corvallis, Oregon

Can a seller be there--sure, it's their house.  Should a seller be there?  Depends...  I've run into a number of cases where the buyer's agent was too busy or thought that somehow their presence would create a layer of liablity for them (in my opinion, it's what we say to the inspector in terms of direction and advice that can create the liablity). 

Frankly, I'm not comfortable when the buyer attends with just the inspector.  Creates a different set of liablity that's not acceptable to me.  As the buyer's agent, I want to know what's said, how it's said etc. and to see the same things the buyer and inspector see.

As a listing agent I'm inclinded to not want the buyer there without their broker.  If the buyer's agent is going to abdicate their responsiblity, you can bet I'll be stopping in with some frequency.

When the seller is present at the inspection it can feel very invasive to the seller; the inspection often takes longer (conversations and interruptions); and it can make the buyer feel very uncomfortable about the process.

So, my advice to sellers is leave. Go to the movies, shopping, work -- anywhere.  Point out to us where the crawl space and attic hatches are and remove obstructions to them and to the electrical panel.  Put the pets somewhere else (so they don't escape and/or closed up in a closet, crawl space or other room) and let the buyer and inspector get the job done.  You will learn what the results are in due time.

Jan 21, 2011 02:14 PM
Chandler Real Estate Liz Harris, MBA
Liz Harris Realty - Chandler, AZ
#ChandlerRealEstateAgent

I advise the seller to leave... sometimes findings are discussed as the home inspector moves along and the seller gets his or her feeling bent and/or races to try and fix it on the spot and demands it to come off the report.... I say let the buyer kick the tires without the seller hovering.

Jan 21, 2011 02:58 PM
Steve Stenros
Poway,La Jolla,Del Mar,Mira Mesa,Carlsbad,Escondido,Temecula - San Diego, CA
CREIA MCI, ICC, ACI Home Inspector,San Diego

Wow!  Lots of interesting comments in this thread.  Bottom line is we are all in the "people" business.  There are many different kinds of temperaments and personalities out there.  We all have different ways of doing things.  Most of the time the inspection process goes smoothly, but once in a while the fireworks fly for the simplest of reasons.  I believe there always needs to be some "give and take" on both sides of the transaction.  Most real estate agents and home inspectors are professionals and can deal with "bumps" in the road.  It keeps us on our toes!  My preference as a home inspector: Either real estate agent gives access to the property.  The property is vacated by all parties allowing me to focus on the job I have to do. Phone numbers for the buyer's agent and buyer left behind so I can call them shortly before finishing the inspection.  Personal walk-through given to the buyer and buyer's agent before leaving the property.  But hey, this is an imperfect world!

Jan 21, 2011 03:31 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Read the contract?? Boy, you sure do ask for a lot!

Jan 21, 2011 04:36 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The seller should leave for their own good. The inspector is there to do a job and does not need a seller looking over his/her shoulder and second guessing the inspector's opinion.

"May" they stay? Without looking at our real estate contract I ask you: In which of the states of the USA can an owner be ejected from his/her own home while strangers walk around and inspect it?

O.K. I took time to look at our Calif. contract. The section on inspections says nothing about the seller being forced to leave during the inspection. Seems like it is only too obvious.

Jan 21, 2011 05:29 PM
Dorothy Mazeau
Royal LePage RCR Realty, Brokerage - Caledon, ON

I attended an inpection with my Buyers in one instance where the Seller was present.  Because the Buyers suspected a latent defect, the Inspector very politely asked the Seller to make a hole in his workroom wall.  He willingly obliged and a problem was found.  At the very least if his agent had been there as well, to advise him, he might not have done that.  I did tell him the Inspector was asking a lot!  It resulted in a sustantial reduction in the price, but the deal did go through!

I would advise my Seller clients to make themselves scarce!

Jan 21, 2011 11:41 PM
Julie Babcock -Nook & Cranny Home Inspections
Nook & Cranny Home Inspections Tonawanda, NY - Tonawanda, NY

It seems that, if the seller understands the home inspection process, they are not likely to be present.  Unfortunately, when the sellers don't understand the process AND they are present, it can be interesting!  After inspecting the exterior of a home last week, I came into the house and was quickly greeted by the seller's son and daughter in law who told me that the inspection was over and I could leave!  The seller had put his heart and soul into that house and was taking all of my inspecting quite personally as he was a (retired?) contractor.  When he bought the house 35 years ago, home inspections were unheard of, so he had no personal experience with them.  After much explaining about the home inspection process, the son and daughter-in-law left.  With the seller watching, I resumed inspecting and made comments like, "See, your GFCIs are working perfectly".  He seemed to be a bit more at ease with the process and soon after, the seller left as well... and we all breathed a little easier!

Jan 22, 2011 08:44 AM
Fred Sweezer Sr. CMI, LLC.
Hud Certified 203K Consultant - Long Beach, CA
HUD 203k Consultant

Seller decided to mower the lawn on the day of inspection, this diverted there attention away from the inspection it self, my report indicate if the inspector was present or not.

Jan 22, 2011 12:05 PM
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

Actually, I ask my buyers if they would like the seller to be there, as well as the listing agent. Sometimes a lot more will get done regarding repairs if the seller actually sees the problem first hand.

I've actually had one seller follow the inspector around with HIS own clipboard, making notes as they went. When we decided what repairs to actually write up, we found the seller had already repaired EVERYTHING on the inspector's original list.

Jan 22, 2011 07:38 PM
KAREN SANCHEZ
Reputable Realty - Apple Valley, CA
...Marketing your home like no one else will.

I understand why a seller would want to be there.  I encourage my sellers to go away and bring in someone that is not emotionally attached to the house that can answer questions IF they come up, if they feel that they need to be there.

A home inspector should be looking for any problems.  So the seller would have to have a thick skin to listen to someone talk about all the problems the house has.   What becomes "normal" to us, can be an issue to a buyer.  For instance, in my house I have to pull up on the door coming from the house to the garage to get it to close. I know as an agent that I would have to disclose that to a buyer.  But many sellers just live with the quirks in our homes and forget that that isn't normal.

Jan 23, 2011 09:44 AM
Joy Carter & Jeff Booker Brother and Sister Team
Keller Williams Parkland/Coral Springs Realty-GreatFloridaHomes Team - Coral Springs, FL
Trust Your Family's Move To Our Expertise!

It never occurred to me that the seller would not be there.  We advise sellers and buyers to stay out of the inspectors way so they can do their job.

We feel that showing up for the last 30 minutes is best, because then you can go over what they found in summary style.  Joy

Jan 24, 2011 02:14 AM
Dennis Neal
RE/MAX, Big Bear - Big Bear Lake, CA
Your Home Sold in 21 Days or We Sell It For Free

I agree. I prefer to have them out of the home during the inspection but it is their home still and they have every right to be there.

Jan 24, 2011 07:39 AM
Reuben Saltzman
Structure Tech Home Inspections - Minneapolis, MN
Delivering the Unbiased Truth.

Hey Richard, this sounds like a familiar topic.  Of course you're right, the seller has every right to stay in their home during the inspection, whether the contract explicitly gives them permission to or not... but  that doesn't mean there's anything wrong with asking.

Jan 25, 2011 02:06 PM
Margaret C. Taylor
Century 21 New Millennium MD - Mechanicsville, MD
St Marys/Calvert/Charles MD Real Estate Agent

I haven't had a Seller present yet. If they were present it might hamper the Home Inspector but maybe not the Buyer.  Margaret C.

Jan 29, 2011 03:46 PM