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Can a seller remain in the house during a home inspection? In Maryland at least.

Reblogger Hank Richter

Home Inspector with HomePro Inspections of RI

January 19, 2011 10:50 PM

Interesting blog about whether or not a seller should be present for the Home Inspection. I don't have a problem with it as long as it doesn't interfere with my ability to do my job!

Now, before you get all toasty on Rich, remember, the title of the post says "can,” not "should." I do believe a seller should leave the premise when a home inspection is being conducted. There have been periodic posts about this subject from time to time with a lot of great comments. One home inspector even said he asks the sellers to leave, if they hadn't already done so. As a listing agent, I'm not sure I would agree with that approach, since the home inspector generally doesn't know what was agreed to in the contract of sale.

Some of the comments I’ve read go so far as to say the seller has no "right" to be at a home inspection. Personally, I think that's taking it a bit too far. Rights are generally defined by law, or contract. While I do recognize the passion in these types of comments, I’ll stick with the contract to see what “rights” are granted.

In Maryland, the home inspection addendum actually gives the seller the “right” to remain in the home during the home inspection. Here's a direct quote, "buyer and seller shall have the right to be present during the inspection(s), and buyer shall give seller reasonable advance notice of the date and time of the inspection(s)."

There's no ambiguity there as far as whether the seller has a right to remain in the property during a home inspection…at least in Maryland. For many reasons, I don't believe they should be in the home, and I always encourage the sellers in my listings to leave.

That being said though, if you’re not sure what "rights" convey to a party in a real estate transaction, read the contract.

Richard Iarossi, REALTOR®
Long and Foster® Real Estate, Inc.
Crofton, MD 21114

410-451-6255 Office
443-995-9595 Cell
Web: http://www.RichSellsHomes.com
eMail: Rich@RichSellsHomes.com

Annapolis MD Real Estate
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©2011 - RichSellsHomes, All Rights Reserved

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Liz Gimelson

Realty Mark Associates - Chalfont, PA

Bucks County Realtor-PA & NJ Notary

I always ask my sellers to leave the property during a home inspection.

I also don't attend home inspections for the buyer or seller. I think a home inspection is between the buyer and the home inspector. I don't want a buyer to ever come back and say" You heard what the home inspector said" That leaves the door open for me to be held liable if the buyer misses something that is said. If the buyer has a problem with something in the house, they can ask for concessions.

But as far as rights go....the house still belongs to the seller until the last signature at closing!

Jan 21, 2011 03:21 AM

Robert Butler

Aspect Inspection - Montreal West Island, QC

Montreal Home Inspector | Aspect Inspection

In my experience usually the seller(s) and their agent(s) are present for the inspection. Occasionally the sellers agent is the only one there, but that is rare.

Naturally I encourage my clients to attend and (usually) the husband to follow me through the inspection. Some agents sit it out. You see all variations. I make no comment or complaint, no matter what.

Occasionally I've encountered sellers who are defensive and think they have to answer any points I might bring up. Usually after seeing how I work they relax because I'm not dinging them for defects, I'm just ensuring that my clients see what I see.

I make sure that communication with my client is clear and unconfusing to them. Some times their own agent (eager to close the sale) will gloss over important details.

I uasually write the report there on the spot afterward, present it and the photos to my clients. I go through it point by point, end to end. I do this infront of the sellers IF my clients are comfortable with it. If there are any issues, I'm there to explain it to whoever needs clarity. I answer questions till there are none left.

If my client is not comfortable doing all that infront of the sellers then we relocate to a suitaple place (a coffey shop or real estate office) and do it there.

Jan 21, 2011 09:23 AM

Erby Crofutt

B4 U Close Home Inspections&Radon Testing (www.b4uclose.com) - Lexington, KY

The Central Kentucky Home Inspector, Lexington KY

Most of the time, around here, the seller leaves, but sometimes it just isn't feasible. A momma with a new baby and no place to go. An elderly person with no other place to go.

I just deal with it and move on. Ain't my bailiwick.

Jan 30, 2011 11:43 AM

Gene Allen

Fathom Realty - Cary, NC

Realty Consultant for Cary Real Estate

I think it can be a stressful time for eveyone and maybe the less people there the better. On the other hand the seller can answer questions that might need to be answered.

Jan 31, 2011 03:01 PM

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Hank Richter

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