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Agents Should not Act and Talk like Home Inspectors

By
Real Estate Broker/Owner with Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington 0788174

In a continuing education I attended last month, the instructor sparked enthusiasm in the class by saying the dreaded word "Sued." No real estate practitioner or nobody, in general, wants to get sued.

 

Our instructor said that an agent in Maryland was sued by her buyers along with the home inspector. I tried to look it up on Realtor Magazine because this was the source of the article he mentioned. 

 

Anyway, according to the instructor's best narrative of the story, the home inspector was not found guilty but the agent was. If my memory serves me right, it was about the mold that was referenced in the report. Because I don't have the complete details of how it happened, I could only surmise that, probably, the agent gave an opinion which was not warranted.

 

Don't act like an inspector is something that all of us should read. This article and the instructor's mention of the incident reminded me of a listing agent who argued with the home inspector my buyers hired last year.

                                                                                          

In the report, the home inspector indicated that carbon monoxide escapes from the vent connected to the boiler. 

                                                                                                                                            

Hence, the buyers requested that the vent be replaced as it is a health and safety hazard.

 

A day after the listing agent received the "Notice of Unsatisfactory Report" from my buyers, she called and said that there is no problem with the vent. There is no carbon monoxide coming out of it.

 

She tried to make her claim valid by telling me that she did an OPEN HOUSE for the subject property and she could not smell anything.

 

To engage in a conversation with her, I asked if you can smell carbon monoxide. Isn't it odorless? Also, was the heating system on when you did the Open House. That was July. And where were you during the Open House? Did you stay long in the basement?

 

The questions were not meant  to throw sarcasm but to make her realize that it was wrong to make such assumption. 

 

The listing agent did not stop there. She even called the home inspector to argue about his finding-- specific to carbon monoxide.

 

Nevertheless, the seller acceded to the buyer's request to have the vent replaced.

 

This is one specific example of  what not to interfere with. Home inspection Report. There are a couple of home inspectors that I don't want to cross path again, if I have a choice, because of their flair for the dramatic.

 

There was one, I recalled vividly,  who yelled "Houston we have a problem" when he found mold in the attic. And another inspector who included a dying tree in the report. Some recommendations were utterly ridiculous. But I will never dispute them.

 

However, if you want to be vulnerable to litigation and expose yourself to huge liability, go ahead...act and talk like a home inspector.

 

 

Posted by

        Maria Gilda Racelis 

      "I Always Strive to Make a Difference."

         Serving Hartford, Tolland and Middlesex Counties

Phone: 860-995-9473

Email: mariagracelis@gmail.com

mariaracelis.com

 

 

 

 

 

 

Comments(30)

Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

Gabe Sanders and Conrad Allen . :) Great job guys. I do the pointing too to the home inspector. Point, and point.. only.

 

Dec 02, 2014 08:11 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

I am a licensed construction supervisor in Massachusetts.  I can do a little more than point but usually keep my mouth shut when a buyer's agent is talking above their pay grade.

Dec 02, 2014 08:36 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Maria,

You make a very valid point "if you want to avoid litigation and exposing yourself to liability then don't practice being an inspector!"

Dec 02, 2014 08:51 PM
Roy Kelley
Retired - Gaithersburg, MD

This is another good reminder that real estate agents may be held responsible for their comments and the opinions they express.

Dec 02, 2014 09:21 PM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

I do more than just point, but always qualify with the fact that I am not an expert.  

Dec 02, 2014 09:43 PM
Potranco Realty
Potranco Realty - San Antonio, TX
"Sold with Potranco Realty"

Maria, I smell another feature.... seriously this one should win.

I can't believe agents try to act like an inspector or even try arguing about a problem in the home once it's been found by a licensed inspector, yes as listings agents we do become territorial but we also need to watch oneself not to practice without being licensed in what we preach. SUE Time

Dec 02, 2014 09:49 PM
Sharon Paxson
Sharon Paxson, Realtor® EQTY Forbes Global Properties - Newport Beach, CA
Newport Beach Real Estate

Hi Maria - thanks for sharing this article and important post about not acting as a home inspector, or diagnosing anything. I am very clear and tell buyers I am not a home inspector, and buyer has the right to perform any inspections warranted.

Dec 03, 2014 12:19 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Maria Gilda Racelis good thing you bring these items up with many real estate professionals, and trying to keep us from being sued! 

Dec 03, 2014 12:25 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Maria, I think all agents need to do their due diligence for their clients & I have found many a home inpsector wrong!  So having a second & third opinion is the smarter way to go instead of arguing on what you are not qualified to know.  We sell real estate right?!

Dec 03, 2014 01:12 AM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Absolutely good advice Maria.  I even saw an article that suggested that an inspection be done before the listing is signed, good way to protect yourself from the start.  Thanks for sharing.

Dec 03, 2014 08:21 AM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

This is such an important topic, I do hear agents act as if they are the inspector. I assume it's to show how much they know, or think they know, but the liability is NOT worth it.  Have a great day, Maria. D 

Dec 04, 2014 12:45 AM
Anna Hatridge
R Gilliam Real Estate LLC - Farmington, MO
Missouri Realtor with R Gilliam Real Estate LLC

Great post.  We all need to remember we are there to assist the buyer or seller.  We should only comment on what is blatantly visible, such as the big puddle in the floor could be a leak.  That should pass the reasonable person test.

Dec 04, 2014 09:13 PM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

No playing home inspector for me.  I point and hand them the business cards of the inspectors that I know.  I haven't had a listing agent argue with inspection findings, but I recently had one argue about the "subject to" repairs identified by an FHA appraiser.  Like that's going to do any good!

Dec 04, 2014 10:01 PM
Ted Glover
Alderman Classic Realty, LLC - Moultrie, GA
ABR in Moultrie, Georgia 229-854-5422

Hi Maria Gilda Racelis it's a great blog to get us to think before saying something we will really regret later. A shout out back to Anna Hatridge who re-blogged your post.

Be a real estate agent, there are others who have a job to do after the contract is signed. Let them do theirs.

Dec 04, 2014 11:00 PM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

Maria...I never expose myself unless I am in the privacy of my own home.

Dec 05, 2014 01:04 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

That agent should have just kept their mouth shut until the seller reviewed the report. It would have been really bad if the sellers were overcome by fumes in their sleep. I hear agentsall the time telling me " it will cost around $50,000.00 to remodel", etc. When I ask if they have estimates from sellers, they all have said " no". They just pull a number out of the air to try to justify their high list price.

Dec 05, 2014 02:03 AM
Potranco Realty
Potranco Realty - San Antonio, TX
"Sold with Potranco Realty"

Good morning Maria, good advice and example why we should never act like an inspectors. Have a terrific weekend and be safe...

Dec 05, 2014 07:55 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Loved your headline, Agents can not become Attorneys, Home Inspectors, Contractors....Architects....I could go on and on....Endre

Dec 06, 2014 11:25 AM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Maria ... I couldn't agree with you more, we are real estate agents! Let the professional home inspectors do there job and we will do ours 

Dec 07, 2014 03:43 AM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Maria ... Thanks for this article and encouragement that real estate agents should not act like home inspectors.  This is good advice.

Dec 16, 2014 01:02 AM