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The Inspection: Abused as Negotiating Tool?

By
Real Estate Agent with eXp Realty WA 47927
Ade HouseI work on both sides of the aisle – buyer and seller side (but never in the same transaction). So I get to see the deal from both perspectives. Understanding what motivates the seller and the buyer helps me to become better at representing either party.

Nowhere are those perspectives more different than when it comes to inspections. (We are talking re-sale here.) The seller sees the inspection as a necessary evil. The buyer often sees another opportunity to renegotiate the price. The seller would like to sell “as is,” the buyer would like to buy “as if new.”

Both are right and wrong in their own way. The seller thinks of the home as a place with memories; where the kids grew up and Fido had puppies. What could be wrong with such a place? The buyer sees the hairline crack in the wall and the stain under the kitchen sink and wonders what else could be wrong.

Fly in the ointmentMost inspectors write their reports as if imagining being taken to court for having left out even the minutest detail. I don’t blame them. We do live in a litigious society. Buyers, especially first-timers, who have never seen an inspection report usually run for the hills. The savvy buyer often looks at the inspection report as an opportunity to renegotiate the agreed-upon price. (Obviously, housing market conditions will have an impact on how seller and buyers react to inspections.)

In my experience, the inspection can be the most difficult aspect of a transaction. I tell my sellers to be brutally honest about all they know before listing and I tell my buyers that they will be looking at “used” homes and to expect flaws. When making an offer, buyers should take into account the defects they where able to see. If the inspection reveals hidden defects and/or serious reasons for obvious defects, the buyer has a legitimate right to seek remedy or take a walk.

Inspection time is when the truth comes out; not only about the condition of a home but about the motivation of seller and buyer. This is the time the buyer finds out that the home isn’t as charming as first thought. This is the time a seller’s willingness or need to sell will be tested.

Is the buyer right to ask for the old but still properly functioning furnace to be replaced? Should the seller take the position that the functioning furnace’s age was known before the inspection and goes with the house “as is?”

There are no easy answers.  

© 2006, Gerhard N. Ade

 

 

 

 

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Seattle Area Real Estate

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Anonymous
Tim Mertzlufft

I agree with Adam.  You need to educate the client, whichever side, you are representing.  Everything is market driven, three years ago buyers would not ask for anything but today we want everything including that furnace replaced.  The market dictates, we adapt.

 

Nov 04, 2006 04:05 PM
#3
Bill Sauneuf
John L. Scott Real Estate / Yelm - Mount Vernon, WA

The games people play....

If it sounds reasonable, it probably is....
If both sides are a little grumpy about the inspection requests, its probably fair. (Buyer Doesn'd Get Enough, Seller Gives Up Too Much)

Nov 04, 2006 08:30 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS

Educating the client is the key, on both sides of the transaction.

I hate one company in our area who advises their agents to only use AS IS contracts, which give the buyer an easy way to walk out of the contract, with the intention of renegotiating everything at the inspection. Having that as your intent, while selling the "as is", to me is unethical. 

Nov 04, 2006 08:56 PM
Linda Davis
RE/MAX Home Team - Gales Ferry, CT
The answer is to advise sellers to have a home inspection done prior to listing the property.  It saves so much grief!   Now convincing the sellers to do it is the hard part!
Nov 04, 2006 10:08 PM
Home Design
Alpharetta, GA
Home Design and Real Estate

Very true Gerhard!  I think it is more of a negotiation tool than what it's supposed to be.  Some home inspectors butcher the homes up to and scare clients badly.  We serve as mediators.

Nov 04, 2006 10:42 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Home inspections are relatively new to some areas of my market.  I believe I did one of the first home inspections in Southern Maryland in 1992.  In more affluent areas around DC, they were popular before the 1900s, but not as prevelent as today. 

I believed then and believe now, that the home inspection is one of the most important aspect of our representation of buyer or seller. 

Few agents truly understand the home inspection dynamic until they receive one of our Home Inspection Notice documents. 

My goal is (1) contract compliance, (2) disclosure requirements, (3) fair value.

We don't renegotiate the contract, just make sure that the buyer is getting what they paid for IN THE CONTRACT.

I'll write a blog about how we do home inspections.  It's an adventure. 

Nov 04, 2006 11:45 PM
Jay McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Exeter, NH
Real Estate Broker

Hi Gerhard,

            Great point, educating the buyer and the seller in the beginning stages will help reduce problems along the way.

I like certain home inspectors in our area that present the inspection as more of an educational process of owning a home. They point out problems but don't present it in a way that ALARMS the buyer 

We have one inspector that usually uses the phrase "this is not a deal killer" when explaining flaws.

 You are absolutely correct when you said the home inspection is done this is when the truth comes out.

Good job, Thanks Jay 

Nov 04, 2006 11:49 PM
Jamie Ramos
Re/Max Alliance - New Haven, CT
New Haven Connecticut Real Estate Agent

I have had some bad and good experiences with home inspections.  I am proud to say I have never lost a deal on the buy side as a result of home inspection because i tell my buyers up front that it is NOT a tool to renegotiate the price unless something seriously mechanical is wrong ie roof is at the end of its life, plumbing problems, safety hazards etc.  I am now used to hearing buyers say well we can get more money off at the inspection right?  NO, if there are problems we will negotiate repairs and credits that are fair, we will not get 10,000 off for a broken window.

But on the other side I have buyers and their agents do just that.  I had a deal come apart because the buyers wanted a credit because their were vines on the side of the house and the home inspector wrote that there was cat urine on the DR carpet.  What he didnt know was that the carpet was brand new just installed a couple of days before and the cat out front wasnt my sellers.  There were over 30 items listed on the request and the home was the least priced house in any area in our market.  The biggest thing about it was the home inspector wrote on every issue-needs to be evaluated by a licensed professional.  What were the buyers paying him for?  He didnt want to take any responsibility because the buyers were using him to get out of the deal. 

I have a few inspectors that i like because they dont make a big deal about every little item unless it is a big deal.  And they educate buyers along the way.  I have been advised recently however to not recommend anyone because if something were to go wrong the buyer can come back and say the I told them to use that particular inspector. 

Do you refer specific inspectors to your clients?

Nov 05, 2006 12:41 AM
Suzanne Marriott
Keller Williams Arizona Realty - Anthem, AZ
Associate Broker, CLHMS, e-PRO
I agree with Linda - so much so that it is our policy to have every home we list inspected by a licensed, bonded, insured home inspector - at our expense - to avoid surprises.  Good topic for a blog - perhaps tomorrow!
Nov 05, 2006 12:58 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
As Suzanne mentioned - we have all listings inspected - regardless of age.  This has resulted in surprise avoidance for several of our sellers - but I'll leave to Suzanne for her blog.
Nov 05, 2006 01:02 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

A while back I lost a deal after an inspection from hell that not only scared the buyer but also upset the seller because of the inspector's attitude.  The inspector had picked apart the home (almost 30 years old) so much that the buyer wasn't able to distinguish the necessary from the would-be-nice/cosmetic and his agent didn't seem to help much.  When it came right down to it, the inspection revealed a few items that needed attention that the seller was fully prepared to comply with although it exceeded the repair limit.  Ironically, a subsequent inspection by another home inspector found a couple of minor things that the first guy had missed. 

I give my customers a list of three inspectors to choose from and encourage them to interview these people themselves.  However, don't blame me for not including inspectors on this list who I have had negative experiences with.

Nov 05, 2006 01:04 AM
Shawn Martin
Crosby Inspections - Vancouver, WA
My advice is to get a Pre-Listing Inspection
  • You'll see your home through the eyes of an impartial third-party.
  • You'll be able to price your home realistically.
  • You'll be able to make repairs ahead of time.
  • Your buyer may waive their inspection.
  • You'll learn about items of immediate personal concern, such as unsafe electrical or an improperly vented furnace.                                     
  • You may relieve your prospect's concerns and suspicions.
  • Your liability is reduced by adding professional supporting documentation to your disclosure statement.
Shawn MartinMartin Home Inspection Serviceswww.martininspect.com
Nov 05, 2006 03:15 AM
Leo Namiot - LeoLends.com
Canopy Mortgage - Leo Namiot - Saint Augustine, FL
More than just great rates
Inspectors can make or break a deal and sometimes over the smallest of things. I had an inspection which called for replacing a few pcs. of vinyl siding that were near the ground about 6" off the griound because thay has a small split/crack from using the grass edger/whip also he wanted 4 bolts put in the deck posts, all minor stuff because he could not find anything else to pick on and the sellers said this is sold as is and the buyers wanted the things fixed. The sellers felt the items were minor and the buyer thought they were major because the inspector said so.... Well in the end the buyers agent and sellers agent split the $500 repair bill to get the deal done.
Nov 05, 2006 03:27 AM
Rob Wills
Gilpin Realty Inc. - Everett, WA
I like your statement you make to the buyer. " they will be looking at “used” homes and to expect flaws." Buy even new home have flaws.
Nov 05, 2006 03:46 AM
Eddy Martinez
Nationwide Funding Group - Highland Park, CA
I think Mr.Wills put it best. Stating a reality up front will avoid misunderstandings.
Nov 05, 2006 04:23 AM
Cindy Lin
Staged4more School of Home Staging - South San Francisco, CA
Host, The Home Staging Show podcast

it seems like it's mostly used as a negociation tactic as well. it definitely is one of the major deal breakers as i have came to understand.

cheers,

 cindy

i stage & redeisgn to sell, live and work in san francisco bay area!
cindy@staged4more.com
www.staged4more.com
http://stagingtipsandmore.blog.com/ 

 

Nov 05, 2006 10:40 AM
Anonymous
Anonymous
You are 100% correct to educate your people whether they are buying or selling.  Depending on who I am representing determines how I approach the contract.  If I represent the seller I always tell them that the buyer will likely use the home inspection as a weapon to renegotiate the contract.  When I counter back I always give a definite time for the buyer to either accept or reject the contract.  I also put a dollar amount that the seller is willing to spend on repairs.  Most important I tell my seller that I have never had an inspector not find something.  This simplifies things for the seller.  If I represent the buyer I also tell them that I have never had an inspector that did not find something wrong.  I remind them that there is no perfect home and to be concerned with major problems not minor flaws. 
Nov 05, 2006 01:37 PM
#19
Gerhard Ade
eXp Realty - Seattle, WA
What sets me apart, will set you apart.
Ade HouseThanks to all for your comments and insights. Judging by the number and depth of commnents, inspection is an important topic. Educating the clients is key, to be sure. Unfortunately, the temptation to use the inspection to re-negotiate price is too hard to resist for some.
Nov 05, 2006 03:37 PM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA
I tell my buyers to expect flaws.  Our main concern is to be sure there are no health or safety issues.  
Nov 10, 2006 03:19 PM
Anonymous
Heather S.

When should an inspector hold some responsibility? Or is it the agent/broker's fault for recommending the inspector?  The buyer is paying to have the home inspected in order to make a sound decision as to whether or not to put down a huge sum of money and buy the home.  What should be caught in an inspection and if it isn't caught, is it the buyer's fault because they don't know anything about construction or repairs?  We bought a home in April and had it inspected by a local inspector. We are not from the area and our realtor wasn't either, so she asked around and found an inspector for us.  The inspector mentioned the basement walls may need repairs and to have a contractor in to look, but never said it was an issue or that it could be costly or that it needed to be repaired immediately. We brought in a contractor for other work and he wouldn't touch the house prior to having an engineer in to inspect the house because he says our foundation on the south wall needs to be completely replaced!! Shouldn't our inspector have been able to see the bowing and warned us?  Or is it our fault because we bought an older home and should have known better, even though we are first time home-owners? We knew we would have to pay a couple hundred to thousand dollars for repairs that we wanted to do (new floors, appliances, etc.). We had no idea we would possibly have to pay 1/3 of the price of our home in necessary foundation repairs that, according to the contractors and engineer who have been in to see our home, should have been obvious to the inspector. Now we don't know what to do or if we should seek legal assistance.  Can anyone in this forum give advice?  We don't know what to do or where to begin...

Nov 13, 2007 03:36 AM
#22