Jonathan Dalton inspired this post by his post yesterday about the Forest and the Trees.

Phoenix Arizona Real Estate

One of the things we learned quickly in real estate was to do everything possible to avoid - preclude - prevent - whatever your favorite word is - BAD surprises during the course of a transaction.

Since we were and are primarily focused on listings, we found that there were several "opportunities" for the ever lurking "Murphy" to swoop in on any transaction, all of which could be prevented in advance.

Phoenix Arizona Real Estate

One of the predominant ones "Buyer Inspections and Request for Repairs" I'll address in this post - and save the rest for another day!

Scenario A

Take a listing and put it on the market.

Along comes a Buyer and an offer is accepted by the Seller.

Phoenix Arizona Real Estate

Buyer Inspection period clock starts ticking.

Buyer completes inspections and presents a request for repairs on (in Arizona) a "BINSR" - Buyer's Inpection Notice and Seller's Response form.

Seller freaks out when seeing the request for a new patio roof due to extensive dry rot.

Phoenix Arizona Real Estate

Seller and Buyer (hopefully) negotiate repairs or credit to closing costs ILO repairs.

Seller "loses" money and is unhappy since they thought the contract price was the "final" price.

OR WORSE

Buyer refuses to close.

Repairs are so extensive that Seller cannot address them - even for the next Buyer.

Phoenix Arizona Real Estate

Goodbye listing and goodbye marketing time, effort and expense!!

Scenario B

Take a listing to be put on the market once it's "ready for showtime" - per written instructions from the Seller in the listing agreement.

Ensure the Seller completes the SPDS - Residential Seller's Property Disclosure Statement

Review the identified items needing attention with the Seller.

Seller has several options:

  1. Fix the item(s) prior to activation of the listing and have the items signed off by a re-inspection
  2. Disclose the item(s) and write them into the contract as not being subject to a request for repairs - those items are "as is".
  3. Be prepared to negotiate with the Buyer after receipt of the BINSR

Once property is ready for show time - activate the listing and throw open the doors to Buyers!  This includes placing a copy of the SPDS and the Pre-Listing Inspection Report and Receipts for Completed Repairs at the property to be reviewed by prospective buyers.

Along comes a Buyer and an offer is accepted by the Seller.

Buyer Inspection period clock starts ticking.

Buyer completes inspections and presents a request for repairs on (in Arizona) a "BINSR" - Buyer's Inpection Notice and Seller's Response form.

No surprises for the Seller or the Buyer. 

Phoenix Arizona Real Estate 

Proceed to a smooth closing - barring any surprises in other areas - financing, title, etc. - which I will cover in later posts.  UPDATE: Here is a link to a post about when to get the Title Company involved.

We have pre-listing inspections conducted on ALL our listings, at our expense.  An ounce of prevention is worth a pound of cure - and then some.

 

 

About the Authors - Updated 2010

If you like what you've read, there is no better time to:

Subscribe to my Blog!

If you are considering a Short Sale of your home in Phoenix, Scottsdale or any location in Maricopa County Arizona, you owe it to yourself to talk with Haven Express @ Keller Williams Arizona Realty to determine whether Tony and Suzanne Marriott are the best Short Sale real estate Brokers in the Phoenix and Scottsdale metropolitan area to help you with the Successful Short Sale of your home.

Listed, Sold and Closed Dozens of Short Sales with a 100% success rate!

HavenExpress.com

Haven Express Logo

HavensAbuzz.com  

Suzanne Marriott
Associate Broker, REALTOR
Keller Williams Arizona Realty
 

37 Comments on Buyer Inspection DOES NOT EQUAL Negotiations Round 2

20 Most Recent Comments Displayed Show All

DEC
29
2006
1,584,127 Points 429 Featured Posts Outside Blog Attended Rain Camp Called Shot Master
Great post, Suzanne. Pre-listing inspections are such a good idea, esp. when the seller has been in the home for an extended period and there may be lots of surprises. Since buyers in this market are being so much pickier around inspectional issues, why not be proactive and take care of these things, or some, and disclose. Fewer surprises that way.
4:26pm • #18
322,790 Points 4 Featured Posts Outside Blog
Jeff - Thanks for the comment and have a Happy New Year!
5:02pm • #19
8 Featured Posts
Very interesting topic!  Thanks for the post.  Question - if you side with the approach mentioned here (the pre-listing inspection) - how many agents (outside the Marriott Group) PAY for said inspection??  Very curious about this, thanks!
8:05pm • #20
156,683 Points 1 Featured Post
That is why it is important to pick your listings, don't let them pick you!  Great Post!
9:14pm • #21

I enjoyed reading your post. The pre listing inspection is fine but you can't get around home inspections no matter how hard you try. I certainly wouldn't count on a Home Inspector's Error and Ommission policy in the first place and I definitely wouldn't want to deal with it as a Listing Agent in the course of a transaction. I would rather test the motivation of the Buyer by offering them further inspection of a problem item with a reputable contractor. If they are serious about purchasing the property then they will but if they don't then let them withdraw. The Seller will then see the real need to make the repair in order to obtain the sale.

Michael D. Ross
11:03pm • #22
DEC
30
2006
322,790 Points 4 Featured Posts Outside Blog
Kaushik - I don't know of any other agents currently taking advantage of this "differentiator".
8:53am • #23
322,790 Points 4 Featured Posts Outside Blog
Jennifer - Thanks for the comment.  You are right on target.  List "saleable" properties at the market price - avoid most - if not all - others!
8:55am • #24
322,790 Points 4 Featured Posts Outside Blog
Michael - Make sure you are logged in to get points for your comments!  Curious to know why you wouldn't count on the E&O policy.  Many Home Inspectors avoid liability by limiting their obligation to a refund of the inspection fee.  Not this one!
8:57am • #25
864,473 Points 20 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Our pre-listing inspection is for the benefit of the Seller - to give them critical information to avoid surprises during Buyer Inspection period.  We ALWAYS encourage the Buyer to have their own independent inspections performed.

10:43am • #26
283,710 Points 45 Featured Posts Outside Blog

Do you disclose on the Seller Disclosure Form, EVERYTHING you learned at the pre-inspection?  Could be detrimental to the seller to know too much before the buyer's inspection and before the home is listed.

11:52am • #27
622,703 Points 4 Featured Posts Outside Blog
We think highly of doing pre-listing inspections.  We have not yet come to the point where we require them of our sellers, but we definitely address the pros during the listing presentation.  Thanks for the great post.
1:47pm • #28

 

Nice post... Re Williams's comment:

I recommend to my sellers that they conduct a pre-listing inspection. I sell them on the benefits of doing so and what it means to their bottom line. They pay for it and offer it to the buyer upon going under contract.

 

I don't know about all parts of the country but in CA the report belongs to the person who ordered it.. and that is where liability ends if inspector missed something.. so if buyer received or bought the report and there was something in error  buyer would have no recourse against inspector... The buyer should definitely see the report but  buyer should also complete his own inspection with his own inspector of choice... would hate to stand before the judge and tell him we gave or sold an inaccurate report to buyer and didn't have buyer get independent report... that sounds like lots of bucks  from someone to a buyer..

 

2:12pm • #29
131,091 Points 24 Featured Posts

 

 Whoops... I cleared my computer cookies and didn't realize I wasn't logged in....

Nice post... Re Williams's comment:

I recommend to my sellers that they conduct a pre-listing inspection. I sell them on the benefits of doing so and what it means to their bottom line. They pay for it and offer it to the buyer upon going under contract.

 

I don't know about all parts of the country but in CA the report belongs to the person who ordered it.. and that is where liability ends if inspector missed something.. so if buyer received or bought the report and there was something in error  buyer would have no recourse against inspector... The buyer should definitely see the report but  buyer should also complete his own inspection with his own inspector of choice... would hate to stand before the judge and tell him we gave or sold an inaccurate report to buyer and didn't have buyer get independent report... that sounds like lots of bucks  from someone to a buyer..

 

2:17pm • #30
DEC
31
2006
322,790 Points 4 Featured Posts Outside Blog
Ardell - Absolutely - anything known about the property that is "material" to a Buyers decision always should be disclosed.
10:16am • #31
322,790 Points 4 Featured Posts Outside Blog
Jim & Maria - You may want to test the waters once or twice to see what reaction you get from your potential Listing prospects.
10:17am • #32
322,790 Points 4 Featured Posts Outside Blog

Kaye - The Seller would have recourse against the Inspector if they missed something on the pe-listing inspection.

The Buyer should always order their own inspections and rely on those for an requests for repairs.

The bottom line is that the Seller may be liable to the Buyer for undisclosed material defects - so why not get that off the "surprise" list?

10:19am • #33
131,091 Points 24 Featured Posts

Suzanne,

I agree that we need to get rid of as many items as possible from list and yes seller would have recourse against inspector.. my comment was directed toward William's comment about giving buyer report.. which is fine as long as buyer gets an additional report.. sometimes agents and sellers think they are doing the buyer a favor by giving them report as then buyer won't need to spend extra money for another report but that is never a good option.. and if buyer doesn't want another report I would have them sign a waiver stating that they know they are entitled to their own report and have chosen not to btain an additional report.

1:03pm • #34
322,790 Points 4 Featured Posts Outside Blog
Kaye - You are right on target - that's the way we do things here in Arizona too.
2:49pm • #35
JAN
01
2007
117,281 Points 8 Featured Posts
Ah Suzanne, what a breath of fresh air you are!  If only the listing agents in my market took your approach.  Instead, I am cursed as the "Buyer Beware" guy (God forbid I actually represent and protect my buyer clients), and the home inspectors we use are cursed as "deal-killers" by lazy listing agents and sellers who are caught with their pants down when numerous defects are discovered.  As far as I am concerned, every undisclosed defect is on the table for negotiation during the inspection period, and it is to everyone's advantage to know what the problems are upfront to avoid the nasty surprises of which you speak.  Bravo!
9:24pm • #36
JAN
02
2007
322,790 Points 4 Featured Posts Outside Blog
Stefan - Thanks for the comment - sounds like you take great care to protect your Buyer's interests!
9:07am • #37

20 Most Recent Comments Displayed Show All


What does the graphic say?
Leave a response…


(optional)
Spam Prevention:
 
Re_-_photo_-_arm-slm_-_motophoto_001 Rainmaker_large

Suzanne Marriott, Associate Broker, CLHMS, e-PRO

Anthem, AZ

More about me…

Keller Williams Arizona Realty

Address: 9500 East Ironwood Square Drive, Suite 101, Scottsdale, AZ, 85258

Office Phone: Click Here

Email Me

Phoenix Arizona Real Estate Blog, presented by Suzanne Marriott of Haven Express @ Keller Williams Arizona Realty. Market analysis and insightful commentary on the real estate market in Maricopa County Arizona.


Listings

Links

Archives

RSS 2.0 Feed for this blog

Find AZ real estate agents and Anthem real estate on ActiveRain.