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51 Comments on A Pre Listing Inspection Is Like Opening A Can Of Worms For The Seller
Pre-listing inspections are not the norm here....though I know that they are in some markets....and in those areas if they are not done it is assumed ...and we know what happens with assumptions...that there are problems the Seller is not disclosing.
Hi Barbara. I agree 100%. Having said that I do my own "home inspection". I like to be proactive and eliminate the obvious issues. $1000 spent will save having $10,000 off the sales price to deal with home inspection issues.
Conrad.....I agree....
Ed...there are always exceptions...
Brenda.....that could be a slippery slope....
Ellen.... love selling new homes...
Sally and David..... the seller usually takes it on the chin one way or another.... if it's the norm and they don't do it, they're hiding something might be the assumption!!
Gita..... if the home deal fell through because of inspections, it would be necessary to request a copy.
Barbara on our listings anything that is material has to be disclosed example Lead base or Poly pipes. However beyond that I let the buyer get their inspector and inspect the home. No home is perfect and some buyers can inherit others they can negotiate to get the seller repaired.
Hi Ritu.... yes, it's a good idea to let the buyers get their own inspections done....
Barbara, no shortage of opinions on this one. When we worked for Coldwell Banker a few years ago, one of their programs was making a house "Buyer Ready". This meant having the home inspection already done and either the repairs made or if the seller chose to make the inspection report available to the buyer, they could.
NC allows the seller to select "no representation" on the disclosure form, even if they are aware of a defect. The Agent isn't allowed the same luxury. So far, we've found the pre-inspection to be of benefit TO the seller. They've gotten a head's up on minor repairs so the buyer doesn't have an opportunity to nickel and dime plus if there is a serious issue it can be dealt with however the seller sees fit.
In 99% of the cases though, the seller does NOT have an early inspection done and it is the buyer's responsibility. IMHO though, if the house is basically in good shape I think a pre-inspection is a good idea.
Hi Mona..... you're right, everyone has an opinion and a rule of thumb for handling this situation.... most leave the inspection to the buyer and I think it's always risky business for the seller to have that home inspection before listing....
Barbara, as always a great post. Lots of good thoughts on both sides. I agree with you 100%. I do however try to get an inspection of an obvious problem in hopes of knowing what the repairs will cost.
Tom....yes, an obvious problem would need to be addressed in one method or another.... get a bid and/or get it repaired....
Barbara I am going to disagree with the premise of your article and the reason for the seller not doing a pre-inspection. Based on what you have written, I don't think you really know the laws in Mass. A seller does not have to disclose any defects unless they are asked a direct question. It is the Realtor that has to disclose. We are held to different standards.
The seller's statement of property condition that we make all our seller's fill out is for OUR benefit NOT the seller.
So if a seller does a pre-inspection they could fix anything on the list that is found before you and I even know what came up as a result of the inspection. They do not have to tell us or a buyer anything unless someone asks them a direct question.
While it is not my practice to do pre-inspections, the reasoning you have given in your article about the seller disclosing defects is not accurate.
Bill.... if there is something withheld that would have made the buyer change his mind about buying the property, that would be grounds for a chapter 93A lawsuit.... I haven't been actively listing property for many years but when I did, I wanted to know everything about the house.... no secrets....whether it had to be disclosed or not, I wanted to know and I disclosed everything....I've never been sued and neither has any seller of mine......but thanks for bringing me up to speed with current laws!!
Barbara that is true of a Realtor not a seller. Unless the seller is asked a direction question they are not required to disclose anything. Honestly I never realized this myself until a few years ago but it is absolutely true. Check it out for yourself. This is not to say that ethically a seller shouldn't point things out they know about:)
The term "buyer beware" still holds true in Massachusetts when it comes to a seller disclosing defects. Not so with us which is where all the lawsuits against Realtors come from.
I think seller's should have to disclose but I don't make the laws! What is more incredible is that the onus is on us to "discover" possible defects. So for example if we see possible evidence of water in the basement we can't turn a blind eye to that and pretend we didn't see it. We are supposed to ask the seller if they have gotten water.
Bill.... I wasn't aware that sellers did not have to disclose.... buyer beware went out with chapter 93A for Realtors.... it's our job to ask and hopefully we're told the truth... we never suggest that a seller have a pre listing inspection....we go through the house and have the obvious problems taken care of.... the buyer will have their own inspection and we'll deal with whatever results.... thanks for the clarification.... I'm glad Lorraine is the listing agent now and I just blog!!
Of course, once the Seller discloses that pre-listing inspection to his/her agent, then of course, the agent needs to disclose. My guess is that if the agent recommends a pre-listing inspection, the Seller is likely to then disclose the results to the agent. The way the article was written, I was assuming that the agent was privy to the pre-inspection report results.
Christine..... seller's don't hire home inspectors for pre listing inspections unless their agent suggests it....most sellers know that the buyer has the inspection....so if the agent is suggesting there be a pre listing inspection then the agent must ask what the results were and everything would have to be disclosed.....
Barbara....that's pretty much what I figured...that they wouldn't likely to be doing this without the agent's involvement.
Christine.... right....
Charita.... another agent in the office said he just did one and will never do it again....it was a can of worms.... he actually read my post and told me his story after he read this....