tantrum"You know I really think that this report is nit picky, alarmist, and just flat wrong," said the message on my answering machine. "Some of the things in here were just uncalled for."

Thanks Jim.  Thanks a lot. 

Deal killers...the name that real estate agents have given to home inspectors who "kill deals" by being good at what they do (okay granted their are a few inspectors that kill deals because of incompetence, but that is another blog).  Since most agents don't get paid until the deal closes, some agents get a little over focused on the close and forget that an entire process has to happen first.  Enter the deal killers...

 

 

buying a homeFor buyers, the reasons for loving a deal killer are obvious.  No home is perfect because they are built by human beings on earth that moves.  Nature doesn't stand still for us and our homes, which means that all homes need some repair at some point.  Solid building and engineering can minimize this, but it always exists.

Deal killers will point out all of those issues big and small to you.  Each state has a slightly different practice when it comes to home inspections and repairs.  In Oregon we have as-is contracts.  The point of the home inspection is for the buyer to satisfy themselves of the condition of the property. It is not to negotiate repairs, but that is often a consequence of it.  Some things are really obvious when you walk into a home, that you can take into account when you write an offer.  The rest is for an inspector to help buyers sort through.

 

For sellers, the reasons should be obvious why you want a deal killer, but most seller's don't see it that way.

I closed on a listing I had a couple of weeks ago.  The buyer was unrepresented (I don't practice dual agency) but had asked who I refer people to:  "Jim Allhiser," I said. "He's fantastic."

After the buyer got the report they called me to ask why I referred Jim to them.  "I figured you wanted someone good." 

"Weren't you worried that they would kill the deal?" they asked.

 "No.  I'm protecting my sellers," I replied.

Yes, I was protecting my sellers.  Let's face it.  Misrepresentation is a huge source of lawsuits in real estate.  Deal killers protect all parties including agents, which is why you should love them. A home inspection is a snapshot, but an important snapshot.

For example, a buyer hires a deal killer who notes the 1/2" piece of deteriorating siding, the slightly leaky hose bib, and the one dead outlet in the house.  Six months later the house has mold and the buyer thinks the seller knew about it.  The buyer wants to sue.  In my opinion, deal killing home inspection reports help to protect sellers from future litigation.

 

broken houseWhy I love my deal killer?  He protects me.  It's that whole misrepresentation and failure to disclose thing.  Sellers sometimes do those special DIY projects that are "custom carpentry work."  Yeah...Let's face it, sellers sometimes do "weird fixes" to their home that make sense to the seller, but not to anyone else.    Seller's often forget about these fixes since they did them ten years ago and so they forget to put them on the disclosure form.  It's not their intent to misrepresent, they just forget. Deal killers can find these special gems, and start a dialogue between both sides.

Now a home inspection is a snapshot in time of the home.  I have had listings where garage door openers and thermostats worked during the home inspection and went kaput the next week.  A home inspection can't protect against these things, but a really good thorough home inspection can help to prevent future lawsuits for buyers, sellers, and agents alike. 

Me, I love my deal killer and you should love yours regardless of what side of the transaction you sit on.

 

Now...off to deal with that message on my answering machine...

 
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164 Comments on Why I love my deal killer and you should too

Melina, great post!  I think that as Realtors we need to train our sellers that it is okay to have a good home inspection.  Being sued is expensive!  No one wants that.  We try to train our buyer clients that the home inspector is going to find some things wrong with the house.  The important thing is that the defects not be structural in nature.  The other defects we can either live with, negotiate or if they choose, walk away.  I would rather have a deal fully disclosed and killed that be sued over it!  Again, great post!

07/25/2008 02:27 AM by Tony & Darcy Cannon - The C Team (ERA Realty Center)


Excellent post Melina, I couldn't agree more! After all, we get paid for representing, and protecting, our clients interests.

07/25/2008 02:28 AM by Bobby Stevens (Eugene's Alternative - Realtors®)


We should all want those inspectors.  I've kept using some of the most stringent inspectors in town as they typically find everything.  Getting everything out in the open is best for sellers and buyers.  It sure beats a lawsuit down the road that could happen if you use an inspector who doesn't do a good job.

07/25/2008 06:12 AM by Sheila Reeves (KELLER WILLIAMS REALTY)


One of my clients once insisted on a certain inspector (it was someone they knew personally). They raved about how wonderful this guy was and that he used to be a roofer, etc. Well, to make a long story short, the buyers bought the house and guess what...the roof leaked a few weeks after they moved in. So much for their former roofer-now-home-inspector! A good inspection is priceless, IMO.

07/25/2008 08:33 AM by Kelly Sibilsky ~ Lake Zurich RE/MAX Real Estate Agent (RE/MAX Unlimited Northwest)


Agreed, Melina.  Most people look at inspections from the wrong vantage point.  The people who hope for the softest inspection are the same who wish to disclose only the bare minimum required by law.  When I represent a seller, I'd rather disclose every conceivable deficiency and have a proctologist for a home inspector.  Better to lose a deal (or potential deal) than to be hounded by legal issues post-closing for failure to disclose latent defects or other material matters pertaining to the property.  One reason I am not a big fan a seller having a pre-inspection performed is the possibility that the buyer will rely on the information in that report in any way, shape or form.  I know that many agents will disagree with me on that one (perhaps you, even), but I want the buyer to hire their own inspectors and conduct their own investigations so there is no lingering question of whether a report furnished by the seller could be construed as misleading or inaccurate.  Whether fair or not, a level of assumed responsibility for accuracy comes with providing such analysis.  Let the buyer send in his own forensics team to test for radon, mold, general defects, termites, roof integrity, A/C function, diabetes, multiple sclerosis and ebola.  Like I said, better to see a deal die of natural causes than to keep it on a respirator against the patient's wishes.  Post-closing blowback is much worse than a lost transaction.

07/25/2008 09:23 AM by Paul Slaybaugh, Scottsdale AZ Real Estate (Realty Executives)


Tony/Darcy-absolutely.  I have had sellers be upset with really good reports until I reframe it for them. 

Bobby-I take my fiduciaries seriously.

Sheila-I agree.  It's better for all parties.

Kelly-oh the irony...

Paul-I do prelisting home inspections and do make the report available to buyers.  I like them because it allows the seller time to make needed repairs.  Since we do 30 day closes things happen fast and furious.  If major problems can be taken care of in advance, it means the seller might only have to deal with minor new problems that pop up.  It's a stress reduction strategy for my clients to make things smoother.

07/25/2008 09:53 AM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Melina:  I still don't like the possiblity of increased liability, especially given the wide differences I have encountered from one inspection report to another (I've seen major items like A/Cs and roofs flunked by one inspector and given clean bills of health by another).  I am not saying it is wrong to perform one, I'm just not fully comfortable with it.  Your reasons for performing them are valid.

07/25/2008 11:21 AM by Paul Slaybaugh, Scottsdale AZ Real Estate (Realty Executives)


Paul-I hear you on that one.  I do encourage all of my sellers who have not had their AC, furnace or water heater serviced in the past year or so to do one regardless of what the inspector says.  For a couple hundred dollars they can be in tip top shape.  The issue with AC out here, is that we can't test them 1/2 of the time due to temperatures.  I've had inspectors say the roof has to go, and another say it's good for 3 years for lending but it doesnt' seem to happen often out here. Our home inspectors are licensed contractors in Oregon and have an apprenticeship to go through.  I don't think we have as many bad ones as other parts of the country as a result.

07/25/2008 02:18 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Good post Melina.  One can never go wrong acting in the best interests of your clients.  I always like to have my buyer clients on hand at the inspection if possible so that the inspector can explain the items he finds.  Sometimes an explanation directly from the inspector (rather than me) can go a long way in easing a buyer's fears.  What may seem like a huge problem on paper may just be a minor fix when explained by a professional.

07/25/2008 03:07 PM by Jerry Murphy (Windermere Real Estate)


Yeah Melina! A realtor who realizes what a home inspector really does for the transaction is a breath of fresh air. Don't forget to determine if the inspector is duly licensed (if applicable), and attends the continuing education meetings through either NAHI or ASHI. Thanks for the great post! -Ray

07/25/2008 03:13 PM by Ray Wilson - NYS Licensed Inspector (Meticulous Home Inspection Corporation)


MOST AGENTS WILL NOT USE MY HUSBAND AS A HOME INSPECTED BECAUSE HE DOES HIS JOB.  BUYERS LOVE HIM AND SELLERS HATE HIM.  I TRY TO HAVE A HOME INSPECTION DONE WHEN I LIST THE HOME SO THAT ANYTHING THAT COMES UP THEY CAN EITHER FIX OR DISCLOSE NOW.  I STILL GO ON HOME INSPECTIONS WITH HIM AS A HELPER AND HAVE MANY STORIES OF WHAT WE HAVE FOUND.  IT REALLY HURTS ME TO THINK THEY HATE HIM DUE TO A GOOD JOB DONE.  YA KNOW HE IS LIABLE IF HE MISSES SOMETHING AND AGENTS JUST DON'T GET IT.  HE IS KNOWN AS THE PICKEST DEAL KILLER IN THE COUNTY AND MOST WILL NOT USE HIM UNLESS ITS FOR THEM OR A FAMILY MEMBER.  I THINK ITS MOSTLY ABOUT THE MONEY AND NOT BEING A GOOD AGENT TO YOUR CLIENTS. 

THANK YOU , THANK YOU, THANK YOU FOR THIS BLOG! 

JUNE

07/25/2008 03:15 PM by June Tassillo - Realtor in NC Bogger in Franklin, North Carolina (Classic GMAC Real Estate)


Melina, As a listing broker I too prefer a very thorough inspection. My sellers are told at time of listing that this is going to happen and they are prepared in advance to make any necessary repairs. I spend quite a bit of time on this topic during my listing presentation. I want them to fully understand how important it is to straight forward with their disclosures. But of course it never fails that they "forget" to disclose something. Of course the reality is that any "deal breaker" issues aren't going to just go away. It's almost always cheaper to fix them and close withe buyer that is already under contract. "As Is" always means "unless I find something wrong".

07/25/2008 03:17 PM by Bryant Tutas-Tutas Towne Realty, Inc


I agree with June - inspecting at listing time is a GREAT way to protect the seller and yourself!

07/25/2008 03:23 PM by Liz Ward Small (The 3 B Method)


Jerry-I agree.  I REALLY encourage my buyers to SEE what the inspector is talking about. Sometimes things sound scary on a report that aren't so bad.

Ray-I know some states still don't license home inspectors.  I don't how that works, but I agree.  Con-ed is important for agents and inspectors alike.

June-You're welcome.  Maybe I'm getting old but the all caps is really hard to read.

BB-I agree.  Jim's retort is "I'm not the deal breaker. The deal breaker is the agent who doesn't have the skills to negotiate necessary repairs."  I agree that is MY job.

07/25/2008 03:26 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Thank you so much for posting this Melina! My home inspector was known as the deal killer here and I had countless agents rant & whine non stop but I was sure that my buyers were protected. He also carried insurance that covered both himself and me if I recommended him. He has since moved and we found a new home inspector who is just as through. Thank you to all the home inspectors who help to protect our clients and our backsides!

07/25/2008 03:33 PM by Mandi Perkins (AZ Big Sky Realty, Inc.)


Great Post!  I agree.. it's important to get a good inspector for the protection of all parties.  Take the time to read the inspector's contract.. you might just find that their liability is limited to the amount of their fee.

I expect honesty and integrity from inspectors I use.  I found such a quality in an inspector from Stark County, Ohio.  He's friendly and takes time to point things out to my buyers (he even talks to them about what they should do to maintain their property and correct minor issues).  If there is a major issue .. you know you will find it in his report... and yes.. he will address several minor issues as well.  His report is a great resource for buyers and sellers.  He hasn't "killed a deal" so far as I know and not at least in any deals I've had where he's been involved... in fact, his report made it easier for us to negotiate repairs and and get the deal done.

07/25/2008 03:35 PM by Jon Wnoroski, Summit County Realtor (Geneva Chervenic Realty, Inc.)


recommending a thorough inspector is not only our job, but it is a moral obligation. Recommending a shoddy inspector does nothing more than add to the already poor public perception that most realtors ONLY care about their commission. If we act like that, we won't last very long

07/25/2008 03:48 PM by Team Carroll, Cranford,Westfield NJ Area Real Estate Professionals (Team Carroll - RE/MAX Classic Group)


Mandi-I agree.  While we can't think of everything and some people are just sue happy, I work hard to minimize the risks for litigation.

Jon-My deal killer's is just that and he tells every client that.  I'm there as he goes over the contract and specifically points out that clause.  My guy is like that too.

07/25/2008 03:52 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


In my opinion a good inspection is key and protects all involved!  I use "deal killer" inspectors who are suprior and competent.  If the deal dies - so be it -- those that have died, in my opinion, should have -- alarmingly high levels of mold, a failed septic, contaminated well -- 99% of the time the buyer and seller work things out. 

07/25/2008 03:55 PM by Joan Whitebook, ABR, e-Pro, CEBA (Buyer's Option Realty Services)


Melina, There are many good inspectors as they are bad ones. The difference between reports is, some inspectors are writing books instead of reports, and because of the high liability, inspectors need to disclose and /or report deficiencies within the home.Wish is good, right. A professional inspector is just giving his professional opinion upon his experience and knowledge of the homes condition at the time of the inspection. So information is pretty thin stuff unless mixed with experience.

07/25/2008 04:03 PM by Roy Peterson P.R.E.I. (Domicile Analysis of Texas)


One more thing I would like to add from personal experience make sure you attorny sees proof at the closing that those repairs have been made. recepts ect. .... 

and a good reason you should always use a real estate agent.  I know someone who verbaly disclosed problems with the house but it was never put into writting 10 months later thay were sued for those things they verbaly disclosed. Eeeck!

07/25/2008 04:07 PM by Josh Phillips (Fox Valley Mortgage)


Melina,

 

Its refreshing to see so many REALTORs with positive comments about deal killers. When I am asked if I am a deal killer (yes some REALTORS actually ask this question!) I tell them I don't kill deals but I see lots of houses committ sucide in front of me! In these times of disclosure scrutiny REALTORs need to have inspectors who aren't afraid of reporting the truth. If we don't then its a matter of time before we end up in court.


Rick Bunzel, CRI
Pacific Crest Inspections


NPSAR Affiliate of the Year 2006-2007
WWW.PacCrestInspections.com
360-588-6956
Fax 360-588-6965

Toll Free 866-618-7764

 

07/25/2008 04:22 PM by Rick Bunzel (Pacific Crest Inspections)


To me an inspection is a road map for a buyer to follow when they buy a home.

07/25/2008 04:23 PM by Robert L. Brown~Grand Rapids Real Estate Flexit Realty, West Michigan (www.mrbrownsellsgr.com)


I will agree with you on this one!

07/25/2008 04:25 PM by Michael Caruso Real Estate Group


If homes were properly maintained, there would be little need for home inspections on many homes. 

The home inspector that I recommend doesn't nit-pick a house, but if he finds a defect, it's usually something that the seller and often the listing agent knew about. 

The reasons deals are killed by home inspections is not because the home inspector found a defect, it's because the owner didn't properly maintain the property.

Love the deal-killers.

07/25/2008 04:31 PM by Lenn Harley, Homefinders.com, MD & VA Real Estate


I love my deal killer!  I actually used that term in front of him and he looked at me sideways.  But I am serious - I don't want to have any sort of legal issues.  I'm going to recommend the nit-pickiest home inspector for either side as protection for me and my client.  I agree 100%.  Anyone who doesn't want a deal killer is very short sighted in my opinion.

07/25/2008 04:37 PM by David & Lisa Webber, www.webberteam.com (RE/MAX Vision)


A good home inspection protects both parties and should be viewed, as you and others said, as protection for the seller and a road map for the buyer.  Of course, as an exclusive buyer agent, I understand that most sellers are really unaware of many of the deficiencies that the home inspector uncovers, but I do make the most of the report and in our area of New York, the home inspection is done before going to contract, so any item is negotiable.  And we do negotiate.

Excellent post, thanks.

07/25/2008 04:43 PM by Ira Freireich - Best Buyer's Broker Realty, New York


I ocassionaly hear an agent in our market say .......Oh,  I would never use that inspector,  he is too picky.  What???  Isn't that the point.  Would we rather the buyer( or his lawyer) hire him   AFTER the transaction closes?  One of the ways of looking at this,  is that every problem on the property will eventually show up.  Either before the sale, during the transaction or after the sale.  We are at choice to decide when that happens.  I think it is OK to Nitpik,  as some agents call it,  just so long as they make it clear that this is a cosmetic or ongoing maintenance issue,  not a property defect.

As someone who is an expert witness, in cases where agents get sued,  the deal killer can be your best friend.  Don't be afraid to use a good one. Let's not let fear drive us,  as it so often does in this business.

Another point that we often miss.  Make sure they have E/O insurance.  We are all relying on their opinion.  If they are wrong,  we need someone to go after because the inspector rarely has any money

If you would be interested in my other comments about the industry,  see my blog at:

http://activerain.com/guyberry

 

 

 

07/25/2008 04:45 PM by Guy Berry (Guy Berry Seminars)


Ah shucks....... thanks Melina,...I love you to.

07/25/2008 04:45 PM by Jim Allhiser (Perfection Inspection, Inc.)


Excellent post Melina! I know several "deal killers" and refuse to use them simply because of the fact that they make mountains out of mole hills. When they speak to my buyers about their findings, they seem to always exagerate the littlest things. Personally, I like an inspector that points out every little thing, but he/she has to know when to caution the buyer and when to keep their mouths shut :-)

 

07/25/2008 05:04 PM by Peter Mann (Keller Williams)


Melina,

That was a fantastic blog!

In 1 instance, I was representing the buyers buying a new construction. Thank goodness I insisted that they get a Home Inspection. There were issues that the builder sorted out, but... there were more issues that the Home Inspector did not see! The buyers dealt with them and didn't inform me.

3 years later... the same buyers now want to move into a bigger home. They come to me, we look at homes and put a contract on a home. And now, the buyers tell me of the problem with the other home. All I could say was: why didn't you tell me?

You bet I called in a 'deal killer' inspector for this home. And made sure that every issue was being resolved.

07/25/2008 05:13 PM by Viji Sashikant


Melina,

It is good to see that you understand that we protect you as much as our clients. A good, thorough, knowledgeable inspector is the best insurance the buyer and their agent can get. Shoddy inspectors or inspectors who work for the agent will definitively end up in court. It's just a matter of time. And when they do you can be assured the agent, the broker and anyone else the lawyer can rope into the lawsuit will be there with the inspector.

Just to clarify there is, in my opinion, a difference between being nit picky and thorough. Being thorough is doing a good job and not getting into the obvious or mundane. Nit picky is bringing up every minuscule imperfection and then turning it into a major problem.

Excellent post, I think you paid good home inspectors a nice compliment. Thank you!

I would like your permission to copy this post.

07/25/2008 05:24 PM by James Quarello - ASHI Certified CT Home Inspector (JRV Home Inspection Services, LLC)


Wow, you so get it.

I know agents get a lot of garbage from HI's who call them used house salesmen.  And we as inspectors take a lot of garbage ourselves being called "deal killers."  But putting that aside, there are many real-estate professionals out there that truly have the best interest at heart for their clients.  You are exactly the type of agent that I market my business to in the St. Louis area. 

I don't consider myself a "deal killer" and don't like the term because I understand that it is important to keep things in perspective. A true professional can do a thorough job without being alarmist.  It's not my job to kill your deal.  But I think you understand that it's also not the inspectors job to ensure it happens either. In my own practice there have always been a certain percentage of properties that my clients have decided not to proceed with because of the defects found.  That is to be expected as you implied in your post.

Thank you for sharing with your colegues the importance of hiring a thorough inspector.

07/25/2008 05:28 PM by Mark Nahrgang (Kingdom Inspection Network Group - Saint Louis)


Team Carroll-What I never understand with agents is that they don't see that it is in their best interest to hire someone really good.

Joan-I agree. The inspector doesn't kill the deal, the buyer does.  Their choice.

Roy-Experience is important for any occupation. Some things you just have to experience and see in order to learn.

Josh-I always request receipts for my buyers. 

Rick-I LOVE that retort. 

Lenn-I agree.  Terminating a contract on a home we knew was not well maintained, but didn't know just how "unmaintained" it was until the inspector went under the house.

Webber Team-It is the only way, IMHO.

Ira-NY real estate is a whole other world to me.

Guy-you already have a link with your name. You don't need to add another one.

Jim-I just like hearing you talk about all of the "custom" things in these houses.

Peter-presentation is everything. That is why it is important for buyers to SEE what the home inspector sees.  Things always sound worse on a report.

Viji-New construction is so important to have inspected well.

James-Like I said to Peter presentation is everything.  That's why I like my buyers there. I would prefer that you link to my post, but if you print it under the title write Author Melina Tomson, MS and a copyright at the bottom (c) 2008. Melina Tomson. All Rights Reserved.

Mark-Buyers kill the deal because they aren't satisfied with the condition of the property. Doesn't matter if it is major or minor.  Buyer's money, not mine. They need to feel comfortable, not me.

07/25/2008 05:36 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Melina.  Thank you. If no other H.I. tells you that I will over and over again.

07/25/2008 06:10 PM by Mark Reusch (A Major Inspection Service & Consulting)


Hi Melina...

I bet you are now every hom einspectors favorite Realtor!  :)  Seriously, though...you make great great points here.  Your clients are in such capable hands!  :)  Thank you for the great post!

07/25/2008 06:13 PM by Sarah Eubanks ~ Preferred Oregon Loan Consultant & Notary Public (Hill Valley Financial Services)


Ahhhhhhhhhh finally the weight of the world has shifted!  =)  

Very well explained Melina! 

Thank You!

 

07/25/2008 06:15 PM by Peter Doane - Olympia Wa Home Inspector (Realty Check Inspection Service)


Better to know about any and all issues before a home closes. it is in the best interest of all parties.

07/25/2008 06:43 PM by Bob & Carolin Benjamin - E Phoenix Arizona Real Estate (The Benjamin Team - Keller Williams Integrity First Realty )


Interesting post. I also like a very thorough inspector and there are many good ones in every community. There are a couple of "deal killers" in my area but I hav e never felt the urge to put them on my list of inspectors because they are completely unreasonable and by that i mean so far out that they ae rarely used unless thta's the point. Nothing ever passes. Thorough -yes! psychopathic - No thanks!

Regards -Russell 

07/25/2008 06:44 PM by Russell Lewis, Broker,CLHMS,GRI (AvenueOne Properties, Inc.)


Home inspectors also save deals to.  I have on a number of occasions brought the home inspector back to the house to talk to the buyer and go over again things they were worried about.

07/25/2008 06:44 PM by Larry Story Real Estate Broker, Greensboro, NC (Coldwell Banker Triad of Greensboro)


Melina,

What a great post!  I think it should also be said that getting a seller to have a home inspection done at the time the house is listed will ward off a lot of "deal killing" in the long run.  The seller will know ahead of time if there is something that needs to be addressed, and won't be blind sided when the report comes in, after a contract. 

07/25/2008 07:04 PM by Michelle Fradella, Broker - Pinnacle Real Estate Serv, Picayune


Melina, There is only one inspector that I have ever considered a Deal Killer and he introduced himself to me that way. He said, Real estate agents hate me cuz I'm a deal killer.

He wasn't kidding. I have worked with numerous incredible inspectors that are really on the ball and catch every little problem. These are all great people to work with and I appreciate them and respect them. We all MUST know the facts about the house even if they are negative...no matter which side you're working!

What I think KILLS A DEAL is misrepresented statements of "opinion" that are careless and sometimes off the wall. Unfortunately I witnessed this occur. Blatant biased non-factual opinions.

The inspector blew the deal out of the water with opinions...two weeks later the house sold yet again and the report was furnished to the new inspector...who verified that the statements made were bogus.

Long story short...they didn't buy that house but yet another one. Two weeks later I resold that original one. Everytime the inspector blows it for me it comes back to me two fold.

I don't think anyone would call a responsible. thorough and ethical inspector a Deal Killer.

JMO. Later in the rain~Deb

 

 

07/25/2008 07:07 PM by Deb at Brooks Prime Properties


Very good points!  When an inspection doesn't go well because the house is not in the best condition- that is not the home inspectors fault! 

07/25/2008 07:17 PM by Christina Moock (Cutler Real Estate)


Mark-You're welcome.

Sarah-I know!  I think I made a few HI friends today.

Peter-glad I could help you out.

B&C-I agree.

Russell-presentation is everything.  I don't think a home "passes" inspection.  The buyer decides if it passes their level of satisfaction.

Larry-I haven't had to do that, but I know it has happened with other agents.

Michelle-I do prelisting home inspections.  I agree.

Deb-that sounds like a personality problem.

Christina-nope. It's the sellers.

07/25/2008 07:33 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Melina,

Thank you!  :)  No one could of said it any better than you just did. 

Deb,

Take a look at this blog.  Misrepresented statements of "opinion" is covered indepth with statements from both HI's and agents across the nation.

http://activerain.com/blogsview/604240/Comments-made-during-a

 

07/25/2008 07:45 PM by Billy Boerner (STLhomeinspector.com)


I agree and then I don't. I'm doing a flip-flop on this issue today.  I've seen too many inspectors point out things that are totally nonsense and make an issue out of them and on other important factors they mention nothing. Inspections are becoming more & more subjective. My last deal that the buyer chose the home inspector that was recommended by a friend. The inspector patted the furnace like it was a horse & said 'yep it's working fine, we have heat'.  That is nonsense, it wasn't even looked at thoroughly.

07/25/2008 07:46 PM by Lyn Sims, Northwest Suburban Chicago Homes (RE/MAX Suburban)


Billy-I will have to check out that link.  Sounds interesting.

Lyn-Hmmm....It has heat...wow.  I'm not sure what you mean by nonsense.  Yes a loose strike plate is about a 3 second fix, but I think it's better to note all those small things so the buyer is aware that the home was looked at thoroughly.  Presentation is the key.

07/25/2008 08:06 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Melina,

Thank you! And thanks to all the agents with positive comments about good home inspectors.  Thanks to the agents with concerns about poor inspectors.  Sometimes I feel like I am fighting an uphill battle with people I think should be on my side, the buyer's agent.  I want the buyers, working with their agent to be able to make the most informed decision about a home.  I just provide them with the visible condition of the home the way I see while I'm there.  Knowledge is power and I try to provide the buyer with the most useful information possible.

Michael - www.WhoInspects.com

07/25/2008 08:17 PM by Michael Scher (Scher Professional Inspections)


Lyn,

I'm active duty military and a professional home inspector.  In the service I can definately say all of us walk in the same pair of shiny black shoes and have regs that we're suppose to adhere to.  In the HI business at a minimum one must adhere to their state or association standards of practice.  If they fail to atleast meet their "Duty of Care" as the HI world calls it then by no means is your HI doing the client, the deal or the realtors any justice.  To me it's imperitive that I give each and every client a complete thorough home inspection.  I owe it to them.  They put their trust into me and now I'm going to pay them back with the respect they deserve.  However you'll always have those in any profession who could care less about their "Duty of Care".  

Bill 

07/25/2008 08:19 PM by Billy Boerner (STLhomeinspector.com)


See Michael, you are loved, now just leave the website out of the comments next time.

Billy-I agree if I was buying a house, I'd want to be the one to decide what is nonsense and what isn't.

Denise-If I had three great home inspectors to refer out, I would probably do that.  I just haven't found anyone as thorough as Jim COMBINED with good people skills to explain what he sees with the house.  That combination is invaluable.

07/25/2008 08:31 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


Hi Melina- I used to recommend the same home inspector to all my buyer clients because he was so good! (some agents did refer to him as the deal killer)  Then one day I was at the office talking to another agent about home inspections.  He was surprised when I told him that I refer the same home inspector to all my clients.  He suggested that you should always give your client's a choice.  Hand them business cards from 3 different (good) home inspectors...and let them choose.  He stated, since inspector is working for the buyer...not you, it's best to let them choose.

 

 

 

 

 

07/25/2008 08:41 PM by Denise Gentile-RE/MAX Corona CA Realtor (RE/MAX Partners)


Melina- I had to delete my first post because the text did not display right.  I deleted as soon as I posted it to repost.  How were you able to read it?  Also sorry for the long space between the post and my name.

07/25/2008 08:49 PM by Denise Gentile-RE/MAX Corona CA Realtor (RE/MAX Partners)


Denise...Shhh..don't tell anyone. I'm psychic! 

No, actually AR sends me comments right to my inbox.  I could read it just fine from there.

07/25/2008 08:57 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


I love deal killers.  i would rather have a client protected and take them out again before I would ever have them buy a "bad house"

07/25/2008 08:59 PM by Russ Ravary - Michigan Homes for sale - Michigan Real estate & Mortgage info (Remerica Hometown One)


Melina,

I understand why you stick with one HI.  The list however limits your liability IMO.  What if your favorite guy was having a bad day and missed something important?  There's a big article on this subject over at http://www.housedetective.com (Barry Stone).  Atleast there was.  Having trouble finding it.  If I do find it I'll post the link and see if you still feel the same way after reading it.

Bill

07/25/2008 09:04 PM by Billy Boerner (STLhomeinspector.com)


Excellent post Melina.  I do think that it is time to put the term "Deal Killer" to rest.  It smacks of the attitude of the "good ole boy" realtors who are only interested in closing.  It is obvious from the number of comments by realtors in this post that the old style realtor is going away.  Since home inspection (real home inspection is less than thirty years old, these "old school" agents never could get used to someone who actually was willing to say what was wrong with a house.  Don't get me wrong, I am old school when it comes to inspection.  At my age, what I have to sell is many years of good experience and a major dose of integrity!  These are truly old school.  Thorough is the only way to do an inspection.  Anyone who isn't should be selling used cars.

07/25/2008 09:08 PM by David Helm, Bellingham,Wa. Home Inspector (Helm Home Inspections)


Was a great post with some very true points.  I used to be so concerned about home inspections until I realized, after having been a Broker for several years, that a problem is more easily solved early in the transaction, by cooperative clients and cooperative agents/brokers.  But, I would like to find an inspector who really does accept responsibility and liability for problems that he/she did not find in the inspection.  So far, the only liability I have seen is "up to the price of the inspection," which is usually $300 - $400.  I feel that, if they are really professionals, they should hold themselves accountable for what the fields in which they are supposed to be "experts."  We, as Brokers, have total responsibility for anything that we should have known, but did not;  why not hold inspectors to the same standard?  At least, however, the inspection does generally bring to light major problems that can be solved by either repair, negotiation, or termination of the contract...all of which are good solutions for Brokers.  Thanks!  Terri White Broker/Owner Las Vegas Properties

07/25/2008 09:28 PM by LasVegasBroker


My husband is a Home Inspector and has been inspecting homes for 22 years now. I'm also the office manager for the company.

Sometimes the house is just the house, and it's just not in the best shape. He tries to deliver bad news in the least scary way possible for the buyers, but has to tell them the condition of the house. After all, it's going to be their home!

He hates to see a deal fall through, and feels really bad for all parties concerned, even himself, because he doesn't want to be branded as the "Deal Killer". He's worked hard over the years to become someone that delivers information in the proper non-alarmist way.

Just the other day, he mentioned to me that not many people realize just how hard a job the Realtors have, and that he wished every home seller had the house Pre-Inspected for problems, so he could get all those sales to the closing table.

It's getting the cart before the horse to put the home inspection at the tail end of the process after the majority of the work on finding the buyers a house they like, writing contracts, etc. has been done.

I see the tide staring to turn, it will just take time.  I hope everyone considers Pre-Sale Inspections - they would make life a lot easier on all sides of the fence!

Barb

 

07/25/2008 09:36 PM by Barb Corsa (SendOutCards Ind. Distributor #32451 )


i would  rather refer to them more in the real of checks and  balances. seems easier than deal killer.  though much get the point and agree with you. this is a good post, and the sub text of appreciating the... well, check and balance folks is not to be overlooked or missed.

cheers

07/25/2008 09:44 PM by Gary Bolen (CRS) Lake Tahoe Real Estate Information (Dickson Realty - South Lake Tahoe)


Billy, thank you and I read it! I am going to pull an old post out that I wrote about my own Deal Killer...sometimes they can just go too far. I hope you will read it! Here's the link:

http://activerain.com/blogsview/260965/Agents-hate-me-cuz

This person is still around but I imagine his business is suffering greatly.

Later in the rain!Deb

07/25/2008 09:50 PM by Deb at Brooks Prime Properties


Melina,

I think I'm in love.  An agent that understands that we are here to protect their client is like gold.  There are few (very few) here that believe in what we do.  It is refreshing not to have to bypass the buyers agent and leave them out of the loop during the inspection.  My clients love me (many repeats) because I understand that many times I am there last line of defense.

Thanks for the Blog.

Jack Gilleland

Home Inspection Services

07/25/2008 10:19 PM by Jack Gilleland (Home Inspection Services)


Bill-feel free to post that link when you find it. It's not a matter of a favorite home inspection. I just expect top notch and while I am sure there are others in Salem, I just haven't found them.

David and Gary- I agree the term deal killer is old school and an old way of thinking. I was laughing with Jim about the fact that a long term agent called him a deal killer the day before he did an inspection for me. Hence the inspiration.  I don't write my blogs thinking they are going to get featured so that always adds another dynamic since more people read it.

Deb-I'll have to check out your link.

Jack-a shift is occurring in all aspects of real estate that I think is good for consumers.

Barb-I agree that prelisting HI's are really important.

 

07/25/2008 10:26 PM by Melina Tomson, M.S. Salem Oregon Real Estate Specialist (Tomson Burnham, llc)


I love my "deal killer," too!   Here he is on my most recent home inspection!

Able Building Inspections

07/25/2008 10:26 PM by Natalie Langford, Winchester, VA Real Estate (Realty Direct of Shenandoah Valley)


Excellent post, Melina!  How refreshing to hear a REALTOR use the term "dealkiller" to refer to someone other than a lawyer!  I've defended licensees in E&O claims and license complaints  for over 20 years, and you have really hit all the nails on the head. It is pretty outrageous that an agent should be blamed for the condition of somebody else's house, but sadly, it happens every day.

If some fact about the property is a deal killer, get it out on the table NOW, before COE.  We don't want to see it revealed after COE, when the buyer can sue you, file a license complaint, file an Ethics Complaint, trash your reputation with the BBB and you find a reporter and camera crew from "3 Investigates" at your door.   Been there, done all that many times.

There should be no excuse why a buyer doesn't get a professional inspection, and try to make sure the inspection company is properly licensed and has their own policy of E&O insurance.  The vast majority of claims are filed by the buyer and involve property condition.  It is the number one issue in the deal as far as risk management is concerned.  All too often the agents wind up paying the freight for an error made by an uninsured home inspector. 

It is infinitely better to lose a deal over a nit-picky inspection report than to get sued by the buyer. If, heaven forfend, you get sued, you are much more defensible if you made every effort to provide the buyer with maximum information about the property.

Being served with a lawsuit will definitely ruin your whole day - practice safe real estate!

07/25/2008 10:27 PM by Robert Bass (Robert N. Bass, Ltd.)


Melina----awesome---and as Mark said---THANKS.  Also, for any agent that is on the fence about this issue, when you are buying a property for yourself or your kids who do you call---the "deal killer" inspector----am I right?

07/25/2008 10:29 PM by Charles Buell, Seattle, WA, Home Inspector (Charles Buell Inspections.com)


I loved this part:

"Sellers sometimes do those special DIY projects that are "custom carpentry work."  Yeah...Let's face it, sellers sometimes do "weird fixes" to their home that make sense to the seller, but not to anyone else.    Seller's often forget about these fixes since they did them ten years ago and so they forget to put them on the disclosure form.  It's not their intent to misrepresent, they just forget. Deal killers can find these special gems, and start a dialogue between both sides."

It brings back so many memories. Sometimes I have the Seller and the Seller's Realtor meet me at the street curb when I drive up. Seller, sptting into his portable spittoon, immediately says, "I built this house in 1937 and I've done all the remodeling and upgrading myself." I immediately reach for some extra pens, some more batteries for my camera, and some extra paper. Invariably, yes, I'm there a lot longer finding those "fixes" that they did 10-30 years ago and forgot about because they have worked perfectly fine. The fact that they beat the odds doesn't mean that my Client will be able to beat the odds.

In every, people become accustomed to idiosyncracies and uniqueness. However, the new owners move in and what was a light switch never used in 30 years by the sellers and, thus, hidden behind the life-size picture of [insert your hero's name here], now becomes the new owner's favorite light switch. Unfortunately, the lights are always flickering and tripping the circuit breaker due to some interesting wiring in the wall that only the electrician could discover since the light switch was hidden from me.

I did one house where the Seller had turned his flat roof into a beautiful rose garden. Unfortunately, he didn't realize that overwatering all those rose on top of the roof was causing his roof to rot away, which was only visible from inside the attic, a place he never went.

There's one national builder here who obviously has a great reputation with the city and building code inspectors because I can look at the addresses in the neighborhoods that he built and tell you everything that was done wrong with they were built. Hey, at least they were consistent! In the very first instance many years ago, the Seller's Realtor phone me and called me every four-letter word in the book (except LOVE) because this was a nationally know builder with a very good reputation. As I explained to her, only 75% of the homes are like this because the other 25% are inspected. It's not necessarily the builder who is taking shortcuts, sometimes it's the subcontractors. It's difficult, at best, for a builder to check up on all the contractors and the subcontractors hired by the contractors in a large subdivision, especially when he has subdivisions being built in all 50 states.

So let's say that 500 homes each require 20 normal trusses and 5 furnace trusses since the furnace is in the attic. Let's say that each normal truss costs $1,000 and each furnace truss costs $2,000. If things are done properly, here's the cost:

500 homes * ((20 x $1000) + (5 x $2000)) = $15,000,000

Here's what happens if the furnace trusses are wrongly eliminated:

500 homes * (25 x $1000) = $12,500,000

So the subcontractor with the good reputation with the city and building code inspectors can "arrange" for them to inspect the "buildings that are complete." Since we all know that governments are short on time, money, and personnel, there's no way they can inspect 100% of every building, so spot checks become the norm.

See how that subcontractor can charge an extra $2,500,000 but put it in his pocket instead? It's so easy, and it will never be revealed unless a home inspector like me comes along. I quit working with a contractor in Houston many decades ago because my work kept getting inspected but I never, ever saw an inspector. I'm human; I make mistakes; I like to play by the rules. No inspection of Russel's work meant Russel wasn't gonna work there no more.

So keep on getting those nitpicky, thorough, experienced home inspectors. (Sorry, I just can't bring myself to use the two words beginning with "d" and "k").

07/25/2008 10:32 PM by Russel Ray, San Diego home inspector (Property Consultant)


Melina, As a listing agent I've had sales where there were no inspections, but I've been careful to make sure that the home was being sold "as is".  I don't think building inspectors can protect against liability for mold, however, as the inspectors don't open up walls.  I know the inspection reports that I see have a disclaimer that no representation is being made for mold.  In my market area you have to call in an environmental specialist who takes air samples, if you want to test for mold.   

07/25/2008 10:51 PM by Gail Robinson, GRI, e-PRO - Black Rock Connecticut Real Estate (William Raveis Real Estate)


Natalie-I love the shot up on the roof.  That's great.  Jim says he can squeeze into a 9" crawlspace.  THAT I want to see...

Robert-I never understood that either.  Why wouldn't you want to know every minor problem?  The commission you got will quickly go away to an attorney.

Charles-You HI's are getting a lot of support here!

Russel-I'm always checking in with my HI about new builders.  I want to know who is solid and who isn't.