inspections: How to get sued - Don't let your assistant do this - 09/26/08 06:58 AM
Here's the story:
An top agent with lots of assistants,  represented an out of town buyer.  Once in contract,  the unlicensed assistant took over the transaction.  She compiled all the disclosures and reports and sent them to the buyer.  Her cover sheet said something like:
"Here are your disclosures and reports.  I have indicated where you are to sign and intial.  After you have done so,  please return them in the enclosed prepaid envelope.  If you have any questions,  call me.
The buyer sent the docs back and never called back with any questions.  After close,  they found all kinds of … (6 comments)

inspections: Should Agents advice 2nd Opinion Inspections - 07/24/08 12:27 PM
When sellers do inspections upfront,  what is the buyer's agent's duty.  Remember,  we are like any professional ...including doctors, tax people, car mechanics, etc, etc.  Our job is to analyze,  issue spot, discuss ramificaitons,  then advise.  We do not make decisions but rather let the client decide,  once they have all the facts.
So,  back to the point.  The seller has made disclosures and done some upfront inspections.  What are we supposed to tell the buyer.  I think we explain to them that inspectors make mistakes.  Maybe this one didn't but it happens.  If they want to be safe,  reinspect.  It … (1 comments)

inspections: Why doing inspections upfront is not enough. - 06/05/08 08:57 AM
The purpose of a listing agent is to get the most money for their client at closing.  Not the highest sales price but the highest net price.
Too often,  listing agents have the seller order inspections upfront without doing the repairs.  I contend that in most cases,  this is costing the seller money.  Here are some reasons:
Remember,  the seller is strongest during negotiations,  when the buyer is in love with the property.  If problems show up during the transaction,  the power shifts to the buyer. If a seller waits until the contract,  they are obligated to replace what is there,  … (5 comments)

inspections: What Home Inspectors don't Inspect - 05/09/08 08:03 AM
On one of my prior blogs,  I mentioned that Home Inspectors really don't inspect everything.  So,  here is a list of some of the things that I identified.  Be sure to check with whatever inspector you are using,  look at their contract and find out what they are and are not inspecting.  Some even put in their reports that if they see certain things,  they will not note them ....e.g. mold, building code violations, etc. 
 
Important issues which many Home Inspections don't investigate.....
 
(Note: Ask your inspectors to provide a list of what is  NOT  included in their inspections)
(6 comments)

inspections: Buyers should attend all inspections - 05/09/08 07:53 AM
In one of my recent blogs,  I talked about inspections.  One comment asked me if agents should attend the inspection.  The answer is yes.  First,  when the report comes out,  you can understand what the inspector is saying.  Also, it is quite common for Inspectors to say one thing at the house and another on their report.  One reason for this is they frequently have pre-written clauses in their computer programs.  But,  I also think that the clients should be there.  Instead of the buyer and seller relying on their agent's interpreting what the inspector did and didn't say,  it is … (4 comments)

inspections: Beware of Home, Roofers and otherInspectors - 05/09/08 07:12 AM
One of the things I teach in my college consumer classes is to be careful when picking a Home Inspector.  This warning also is especially relevant to real estate agents, especially Buyer's agents.
Here are a few ideas that I teach in my agent continuing eduction classes:
Are they affiliated?  Home Inspector should belong to ASHI,  which is their national association.  In addition,  they should be affiliated,  in their state organization. IF they are active in these organizations,   on the boards,etc,  this shows a raised level of commitment to the industry.  These organizations have guidelines and ethics rules that tend … (5 comments)

 
Guy Berry, Real Estate Broker and Legal Expert (Real Estate Expert Witness Support)

Guy Berry

Real Estate Broker and Legal Expert

San Jose, CA

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Guy Berry is a frequent expert witness in real estate litigation and an accomplished trainer in real estate law and contracts. In addition he has been licensed for 30 years as an agent and managed large offices, including Coldwell Banker and Century 21.


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