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To Sit the Inspection or Not... That is the question

By
Real Estate Agent with Affinity Real Estate Group

Thumb WrestlingEvery once in a while I come across a debated question in my office that really peaks my interest.  As many Realtors know there's a debate about whether or not to personally attend inspections.  The argument goes something like this:

"I never attend my inspections because the lawyer says I might get sued by my clients in one of many ways. First and foremost, they might think I'm in collusion with the inspector to sell them, "A Junkie House that even Grandma rejected." Another reason that I don't sit my own inspections is that someday I'm probably going to be asked to sell this house for them when they're ready, and I don't want to know any more about the house than absolutely necessary-to protect my clients as I have to disclose everything I know to be wrong with a home that I sell. Clients don't want me there during the emotional highs and lows so that they feel free to discuss their plan of action.   I open the house for the inspector that they found in the phone book (because if I give them the name of an inspector they'll think we're in cahoots), then I sit in my car playing Soduko and making my Lead Gen. calls while my clients find out what is and isn't wrong with the home.  It works out really well because they know I'm on their side, and that I haven't done anything in this area to skew the results."

At this point my other agent is turning purple.  While entertaining to look at I'm a little concerned for their blood-pressure.

My clients have hired me as the industry professional.  I've been through this before so they don't have to feel like rookies going through the home buying process.  I've been around the block too many times and had inspectors blow up a potentially great deal for my clients because they made a mountain out of a mole hill.  As such, I have three inspectors in my arsenal that are great.  I provide my clients with the choices of these three to work with because I know they'll report all the findings while not proclaiming that we need to duck-and-cover because she's-gonna-blow.  I've found that actually being there during the inspection- even if hanging out in the kitchen making tea for everyone is a comfort for my clients.  Also if the inspector finds something that's hard to describe on their inspection report they can show me to help me communicate the issues to the agent representing the sellers.  Yes, I also plan on helping them if they ever move, but the reality is that they need to disclose any defects to the next buyer, if I willfully avoid that knowledge I'm participating in fraud-something I don't want to do even if it's for my own clients.  I've also found that if you're with your clients during the good and the ugly the relationship you build is much stronger.  It almost guarantees referrals from them if you're their champion.

 

Both agents have really great points.  Both have been coached by their attorneys.  But is either approach quite right?  I think we'll find out in the next few years.

Inspction  Lise McCleerey

 With Warm Regards,

 

Lise McCleerey, Keller Williams Realty Bellevue

PS-- to clarify.  In Washington State, A Selling agent must be on-site during the inspection per our laws.  There is no specific law where on the premises they are. eg... their car, the kitchen, the back yard etc...

Rhonda Meredith
RE/MAX Top Realty - Pearland, TX
I ask my client if they would like for me to be there. I will if they say yes. It really isn't a big deal. Everything is disclosed in writing for both parties to review. I have never had a problem.
Sep 08, 2007 04:56 PM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi there,

Interesting that you are required by law to be in attendance, that's news to me. And yes, I am present during inspections.

Sep 08, 2007 04:59 PM
Lise McCleerey
Affinity Real Estate Group - Kirkland, WA

Yes, In Washington a Realtor is required to be on-site at all times with a client.  The idea behind the law is that it will protect the seller's possessions from theft or damage.  You are there to check the buyers activities and verify that nothing was taken.

That said-- a couple of years ago there was an agent with a "Procurement" problem.  She needed a token from every house she went into.  While she was caught and her license was taken from her, it's another lesson to stage the house right, and remove valuables.

Thanks again!

 

Lise

Sep 08, 2007 05:06 PM
Sandy Noll
(RSVP Real Estate) 425.890.0878 - Gig Harbor, WA
RE Pro Serving Snohomish to Thurston Counties

Lise, I show up, let the inspector in, sit in my car and play catchup, lock up when they are done and wait for the inspection report.  I don't think I'm participating in fraud by not following the inspector around.  How can I be liable for something I have no knowledge of.  If the inspector is good, they won't blow everything out of proportion and they will disclose any and all issues.  I also have two inspector referrals to pass on to my client if they need a name.  Then I'm not picking someone who's on my side as a buyer may see it.  Good post!  And welcome to AR!

Sep 08, 2007 05:22 PM
Lise McCleerey
Affinity Real Estate Group - Kirkland, WA

Sandy,

 Thank you so much for your comment! I hope you didn't think I was putting judgement on either comment.  It's an interesting debate that I see going around and around. Personally, I attended all of my inspections because it gave me the time to help the client visualize their furniture in the home while the inspector was, "Doing his thing."  I also gave them the names of 3 inspectors that I liked, but explained that the choice was their own.

In my typical inspection is when I've found clients were the most receptive to that point in the process to share names and numbers of family members that could need my services in the future.  But I completely understand the agent that doesn't want to be in the house

There have been several cases in Washington  (three that I know of) that have been argued that the agents had the opportunity to learn about defects from buyers turned sellers years later.  That said-- we do NOT have an obligation to seek out any defects in a home.  Our job is to sell houses and not inspect them.

I do however love hearing agents in my office debate the subject matter. It keeps us all on our toes!

 

Warm Regards,

 

Lise McCleerey, Keller Williams Realty Bellevue

 

Sep 08, 2007 05:40 PM
Darrel Quebedeaux
Evergreen Realty & Associates Inc. - Newport Coast, CA
I make it a point to attend all inspections and to be there for my clients if and when they have questions or difficulties.  I feel that is my job.
Sep 08, 2007 05:49 PM
Nancy Brenner
Referral Associates of Georgia, Inc. - Roswell, GA
Roswell Georgia Real Estate Agent
I also give my clients a list of inspectors to choose from.  I like going to the inspection as I always learn from them.  The more I see, thru the inspectors eyes, the more I will better able to point things out to my clients before they make an offer and call an inspector!
Sep 08, 2007 07:09 PM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Lisa, when I represent the buyer I am there.  Always.  I have not missed an inspection in 10 years.  Even though the inspector is working for the buyer I want to be there.  All of my buyer clients have wanted me there.

When I represent the seller I ask them not to be there, and I'm not there either unless the seller requests it.  Sellers find it too upsetting to have an inspector pick apart their home for hours, and as for my presence it isn't needed unless the seller requests it.  It is the buyers home inspection, I want them and their inspector and agent to have all the privacy they need.

Sep 09, 2007 12:32 AM
James Downing - Metro DC Houses Team REALTORS®, CRS, GRI, ABR,MRP, MilRes
Real Living | At Home - Washington, DC
When Looking to Buy or Sell - Make the Right Move
I am with Kris - As a buyers agent; I am always there.  If nothing else so I can better explain any issues to the Listing Agent, but more to give the Buyers ease.
Sep 09, 2007 01:54 AM
Lise McCleerey
Affinity Real Estate Group - Kirkland, WA

See what I mean gang?  The debate will be ongoing.  My attorney said it's my job to represent the buyer through it all, but another KW Team Leader's has told them NEVER be at an inspection.

I think that a solution to this MAY be to have an agent in your office go to the inspection with your buyers.  Someone is on site, on their side, and available to answer questions should they arise.

Is this the solution?

Sep 09, 2007 05:48 AM
Richard Sweum
1st Security Bank - Everett, WA

I always suggest to my buyers that they attend the inspection themselves, request that their agent be there, and take another set of eyes/ears with them.  Time and time again, the "2nd set of eyes/ears" has found something that has either impacted the negotiations or identified something that needed to be addressed prior to closing that the paid inspector didn't pick up.

Liability schmiability, customer service can't be provided in absentia.

Sep 09, 2007 11:37 AM
D. Spencer
Pacific Northwest Inspections Group,LLC - Seattle, WA
Bellevue Kirkland Home Inspection - Seattle, WA

Being an Inspector, I myself perfer the Realtor there during my inspection. We provide internet access onsite for the Realtor during the inspection, our way of saying thanks for your time...we are thourgh and take a little longer than most:)

Sep 12, 2007 12:42 PM
Lise McCleerey
Affinity Real Estate Group - Kirkland, WA

Ok- so both inspectors and lenders are asking for the realors to be at the inspection.  Many attorneys are saying that there shouldn't be any representation from realtors to increase liability. 

So, everyone with the exception of the attorney says they want the realtor to attend. Wow!

 

Warm Regards,

 

Lise McCleerey, Keller Williams Realty Bellevue

Sep 13, 2007 03:13 AM
N T
Most of my clients have been first time homebuyers, and I go to every home inspection.  Throughout the inspection I listen for possible concerns that my clients might have, which will help me when it comes time to create the home inspection addendum.  I guess I am more of a visual person but when I see a problem in a home, its a lot easier to reference later on. 
Sep 13, 2007 07:53 AM
Caprice Couselle Realtor Morristown Homes For Sale
Keller Williams Realty - Morristown, NJ
First Time Home Buyers,Relocation,Horse Farms

Lise,

I always attend home inspections to support my clients. I put gaffers tape over my mouth so I  don't make any  comments.  But I really do enjoy home inspections.Especially if they are given by a very thorough, knowledgeable, non alarmist type of inspector. I learn so much from them. And I am also there to see how certain information may be received by my client. So I have a bit of a heads up.

Caprice

Feb 16, 2012 02:53 PM