Please Do NOT Send Me the Inspection Report

By
Real Estate Broker/Owner with Aspen Lane Real Estate Colorado

 

inspectionPlease Do NOT Send Me the Inspection Report

 

This is something I have been hearing from listing agents lately after having the buyer’s inspection done. 

 

I know that the seller and the listing agent would have to disclose any material defects with the home once they know about them, but refusing to receive the inspection report just doesn’t feel quite right to me. 

 

Why wouldn’t the seller want to know if there is something wrong with their home?  What if their home doesn’t sell and they end up staying there?  Wouldn’t you think they would want to know if there was a major problem? 

 

I have never told a buyer’s agent NOT to send me the inspection report.  I just feel like we need to have all of our cards on the table at all times.  If there’s a problem – address it and move on.  Its that simple. 

 

 

close

Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. Winston Heverly 11/30/2012 10:04 PM
Topic:
ActiveRain Community
Groups:
ActiveRain Anonymous
Diary of a Realtor
Cosmic Cow Pie...The Rome Way
Bartender, Make it a Double
BananaTude
Tags:
disclosing the inspection report

Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the umbrella to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Show All Comments
Rainmaker
1,030,903
Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
PasadenaCA Real Estate Representation 818.516.4393

Hi Belinda --- I've encountered this on numerous occassions when I have had a buyer make an offer on a property that is "back on market".  I ask the reason and if there was an inspection.  Often the listing agent will reply  there was an inspection but we don't have the report.   It creates a bit of a red flag in my mind --- I'm not saying there is some type of cover-up but it does make some buyers wonder.    

Jul 12, 2012 09:05 AM #1
Ambassador
878,504
John McCormack
Albuquerque Homes Realty * www.AlbuquerqueHomes.com - Albuquerque, NM
AlbuquerqueHomes.com, Albuquerque Homes Realty

Typically both sides see the inspection report in our area.  Keeps us all on the same page.

Jul 12, 2012 09:06 AM #2
Ambassador
636,017
Doug Rogers
Bayou Properties Realty - Pineville, LA
Your Pineville Louisiana Agent

Not to mention that as an agent YOU have a responsibility to disclose any known defects, even if not involved in the new transaction. Gets dicey though because most inspectors will defer the final say to professional tradesmen.

Jul 12, 2012 09:13 AM #3
Ambassador
1,190,010
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Belinda - Knowing a transaction fell because of inspection, and purposely avoiding knowing why, just feels like a failure to disclose ... something. I agree with you that it doesn't feel right and if it doesn't feel right, our policy is that it can't be right. I want to know what it was, and I either want the seller to fix it or disclose it - ignorance isn't the answer here.

Jul 12, 2012 09:32 AM #4
Rainmaker
1,381,181
Ron & Alexandra Seigel
ra@napaconsultants.com - Carpinteria, CA
Luxury Real Estate Marketing

Belinda,

I agree with Dick.  When we were getting ready to sell our home, we ordered an inspection report so that we could be proactive and fix things ahead of time...Disclosure equals peace of mind...Someone who does not want to see what is wrong or right with their home as well as the agent representing the seller equals flashing red lights and worries.  Regardless of what is a state or federal regulation says, disclosure is peace of mind, and in our opinion peace of mind is worth its weight in gold. A

Jul 12, 2012 10:40 AM #5
Rainmaker
2,005,303
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

Some sellers and listing agents fear that they will have to make additional disclosures if they receive the home inspection report and the sale does not go to settlement.

Jul 12, 2012 11:07 AM #6
Ambassador
1,284,410
Toni Weidman
Re/Max Sunset Realty - Trinity, FL
23 Years Selling Homes in New Port Richey, FL

That doesn't make sense to me, Belinda. Isn't that kind of avoiding the issue. Better to know and fix.

Jul 12, 2012 12:06 PM #7
Ambassador
1,935,760
Chris Ann Cleland
Long & Foster REALTORS®, Manassas, VA - Bristow, VA
Associate Broker, Northern VA

If a buyer wants to get out of a contract on the home inspection contingency, the notice to do MUST be accompanied by the report.  We don't have an option to NOT receive it.

Jul 12, 2012 12:21 PM #8
Ambassador
1,097,588
Bryan Robertson
Catarra Real Estate, Inc - Los Altos, CA
Broker, Author, Speaker

Any agent who declines the inspection report is, in my opinion, hiding something.  Our brokerage would never allow us to disregard an buyer's inspections.

Jul 12, 2012 12:47 PM #9
Ambassador
1,092,391
Debbie Reynolds
Prudential PenFed Realty, "The Real Debbie Reynolds" Your Clarksville Real Estate Professional, 931-920-6730 - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Belinda, I haven't heard that but have heard where Fannie Mae refuses to look at one. Very odd.

Jul 12, 2012 01:58 PM #10
Rainmaker
386,070
Shannon Milligan, Richmond VA Real Estate Agent
RVA Home Team with Jefferson Properties - Richmond, VA
RVA Home Team - Winning with Integrity.

I recently had a buyer thinking about making an offer on a property that had fell through due to inspection. I asked the listing agent if we could get a copy of the prior buyers inspection report and he said sure, but that he DID NOT WANT TO SEE IT and he would have the old buyers agent send it to me. RED FLAG UP! We didn't even bother.

Jul 12, 2012 02:26 PM #11
Rainmaker
111,122
Jerry Morse
The Morse Company - Janesville, WI
BBA,GRI

Our Wisconsin forms (which are required by the State), require that the listing agent and seller get a copy whether the buyer has issues or not as far as the report.

Jul 12, 2012 02:53 PM #12
Rainmaker
112,169
Phil Boren
RE/MAX Gold, 916-218-7481 - Roseville, CA
NorCal Homes Online, Roseville Homes For Sale

Asking not to see something that you know exists seems odd, but it happens.  And, not receiving the inspection report doesn't change the seller's obligation to disclose material issues.  In other words, putting your hands over your eyes doesn't make you invisible ...

Jul 12, 2012 03:03 PM #13
Rainmaker
1,288,542
Carla Muss-Jacobs, Principal Broker/Owner
BuyersAgentPortland.com | (503) 810-7192 Portland Metro Exclusive Buyers Agent | 100% Buyer Representation ~ 100% o... - Portland, OR
Buyer Focused ~ Buyer Results

I submit it with Buyer's Repair Addendum to evidence what we are asking the seller to repair/replace.  A listing agent that doesn't verify the requests made isn't doing their client a bit of good.  The buyer could come up with a lot of things that aren't backed up as something the inspector made note of being an issue.

Jul 12, 2012 03:04 PM #14
Rainmaker
822,424
Paula McDonald
Chevaux Group, PLLC - The Woodlands, TX
CHEVAUX Group ~ The Woodlands, TX 936-203-0279

Wow, here in Texas a Seller must disclose an inspection report to the Buyer if there has been one within the last 4 years.  Additionally, I cannot imagine why a listing agent would not want to see it as well.  That just doesnot make sense.

Jul 12, 2012 03:12 PM #15
Rainer
56,501
Rose Marinaccio
Coldwell Banker Residential Properties - Scarsdale, NY

Wow. If I wanted a copy of the inspection report from the Buyer's agent, its like pulling teeth. You would think I've asked them to donate a kidney! If an issue pop's up on the report, I will usually just get a small "copied" version of what the inspector stated.

Jul 12, 2012 03:16 PM #16
Rainer
129,436
Andrew Martin
Keller Williams - Danville - San Ramon, CA

As a listing agent, I don't really care if I see it, especially on an as-is or a short sale. If I know the sellers not going to fix anything, then I don't really need to know what's wrong with the house. It might be interesting and everything, but do I really care? Not really.

Jul 12, 2012 03:19 PM #17
Rainmaker
572,148
Hella Mitschke Rothwell
(808) 226-1095 or (831) 626-4000
Hawaii & California Real Estate Broker

As the listing agent of a short sale recently, the first time the sale did not go through was because of the inspection report. I was so happy to have it because I made sure the next buyer knew exactly what she was getting into. And it went through in record time.

Jul 12, 2012 03:34 PM #18
Rainmaker
449,501
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
The Agent Who Uses "Watermelon Tough" Sign Posts
As the seller, you have no control over the buyer's choice of inspectors. Just because an inspector writes something in a report doesn't make it a fact. It's one person's opinion. If you go get your cousin Vinny to do an inspection to help you negotiate down the price, I don't want that to taint my house for future buyers. Just tell me what your bottom line is or terminate. I had a personal experience like this ten years ago selling my own house. A buyer brought his expert inspector to check out my home. I was basically told that my house could fall down. I was told it was unsafe for me and my family. It was a 1938 craftsman bungalow. They terminated. The next buyer had his inspector check it out and they didn't ask for anything. They said there were only a few minor items that they would take card of themselves.
Jul 12, 2012 03:47 PM #19
Rainer
6,128
Carmen DiSalvo
Northeast Ohio Home Inspections Akron, Oh - Akron, OH

The old saying that "Knowledge is Power" comes to mind. The more informed you are, the more you can help your client!

Jul 12, 2012 03:58 PM #20
Rainmaker
996,130
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Belinda:  I think what the Listing Agent is trying to do is circumvent the requirement that the seller MUST disclose any defects they know of... as far as the home they are selling is concerned.

In the Texas market... we are told that if an inspection has been done, and the seller is in possession of that report, that this particular report must be noted on the MANDATORY Seller's Disclosure that all sellers must complete... and then accompany their Seller's Disclosure when the buyer requests it... which is before the buyer writes their offer.

I think it's a case of the seller says "If I don't know about it, I am not obligated to tell the buyer about it."

In plain language... it's just the Listing Agent trying to "play dumb."

Jul 12, 2012 04:00 PM #21
Ambassador
1,035,701
Karen Fiddler, Broker/Realtor
HOM Sotheby's Intl Realty, 949-510-2395 - Laguna Beach, CA
Laguna Beach & Lake Arrowhead, CA (949)510-2395

Buyer's agents are required to give a copy of the inspection report to the listing agent. I do not believe it's wise to hide your head in the sand.

Jul 12, 2012 04:04 PM #22
Ambassador
1,849,256
Jeff Dowler CRS
Solutions Real Estate - Carlsbad, CA
Carlsbad CA Homes for Sale (760) 840-1360

Belinda

Glad you write this post and happy it was featured, after you commented on mine.

We send the inspection when we request repairs. But I had a recent case where the buyers did not get that far but on the basis of the inspections bowed out. Agent did NOT want either of the reports that were the basis of the cancelation, but was specifically told the reason so no way they can say they are not aware of the issue.

Wonder what the next buyers will be told, if anything. I think there will be a disclsoure issue.

Jeff

Jul 12, 2012 04:20 PM #23
Ambassador
1,088,309
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Reminds me of the ostrich sticking its head in the sand :)

Jul 12, 2012 04:29 PM #24
Rainmaker
336,993
Lynn Pineda
Imagine Your House - Coral Springs, FL
Coral Springs REALTOR- Promises Delivered

Belinda, yes that would seem a bit peculiar to tell someone to not send me the inspection report; for what reason other than not wanting to disclose an item that would affect the value of the home would an Agent not want to receive it? Be in the know and don't make any attempt not to disclose.

Jul 12, 2012 04:29 PM #25
Ambassador
1,096,337
Joni Staples
Berkshire Hathaway Home Services - Anderson Properties - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

I have NEVER refused an inspection report, nor will I. Why? Becuase I represent the seller and it is in THEIR best interest to address and disclose any material defects of their home. Non disclosure of material defects by claiming ignorance is NOT in the best interest the seller.

Jul 12, 2012 04:45 PM #26
Rainmaker
107,127
Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

I once heard a listing agent say their  REO lenders tell them to delete emails with inspections.  That they are specifically instructed by the REO banks to not take possession.     I would love to be in a courtroom watching that same agent defend themselves against a suit for a report they had knowledge of and choose not to read and accept.  That process is wrong on so many levels.   I recently posed a question about this issue to a Real Estate Attorney at a seminar.  He is surprise that there is no case law as yet in California to confirm the obvious - and he strongly recommended to the crowd to not become the poster child for following such a dangerous instruction from a client.    If you know it exist - you might as well read it. 

Jul 12, 2012 05:33 PM #27
Rainmaker
287,470
Dianne Goode
Raleigh Cary Realty - Raleigh, NC
Realtor/Broker

Hi Belinda.  In our market, the liisting agent expects to see the inspection report because it justifies the buyer's repair request.  The report contains all the details -- which window/ shingles where?  I've never had an agent decline to receive it.

Jul 12, 2012 05:35 PM #28
Rainmaker
163,073
Reba Haas
Team Reba of RE/MAX Metro Eastside www.TeamReba.com - Bellevue, WA
Team Reba, CDPE

the report is owned purely by the person who paid for it - the buyer in most cases - so if they don't provide it, it is not a contractual obligation by anyone to pass it along. In some cases, there aren't any major defects but a buyer uses the inspection period to cancel a deal they've changed their mind about. It goes both ways...

Jul 12, 2012 05:41 PM #29
Rainmaker
541,493
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

If a buyer wants to renegotiate the initial contract because of something that was found during the private home inspection, the listing agent and the buyers need to see the report.

Jul 12, 2012 06:01 PM #30
Ambassador
1,542,468
Tammy Lankford
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Your Lake Sinclair Expert (706-485-9668)

It's the sellers call here.  They can ask or not ask for it.  They can also attempt to renegotiate without providing it. 

Jul 12, 2012 06:46 PM #31
Rainmaker
611,258
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

I don't ever want it either.  And, it is because I would then have to keep it forever.  FOREVER.  Because our state demands complete disclosure of any material facts, and I would have to look it up each and every time I showed the house whether I remembered the house or not.  Can you imagine the cross-referencing I would have to do for every showing I took a buyer to? 

 

 

Jul 12, 2012 06:49 PM #32
Ambassador
1,492,343
Liz and Bill Spear
RE/MAX Elite 513.265.3004 www.LizTour.com - Mason, OH
RE/MAX Elite Warren County OH (Cincinnati/Dayton)

Belinda, I'll play devil's advocate too.  There's some validity in what Tim stated in #19.  A bad inspection report could in essence become a way to coerce a seller into agreeing things they wouldn't otherwise do just to keep deal A together because buyer B will be frightened by the new disclosures/report.  And if the seller gets a counter inspection that says Inspector A was off base, will the new prospective buyers believe it?  Most buyers are probably already of the mindset that sellers aren't fully disclosing as it is.

Just like real estate agents, there's a pretty wide range in the professional qualifications of inspectors.  It takes very little in Ohio to get that license and we've seen some OUTSTANDING inspectors, and some that are just plain scary.

We expect the pages of the inspection report relevant to the requested repairs of course.  And we have known agents that have outright stated you send me the entire report I'll delete without opening.

We having fun yet?? :)

Jul 12, 2012 06:50 PM #33
Rainmaker
654,163
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

Buyers like the sellers to see the inspection, so they know they didn't ask for EVERYTHING the inspector noted.  Yet I rarely get an inspection report.  Got one today, for the first time in a few years.

Jul 12, 2012 06:51 PM #34
Rainer
279,819
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Leesburg, VA

That is a risk not worth taking. I would send anyway, whether they open it and read it is up to them, but I'm going to send it.

Jul 12, 2012 06:51 PM #35
Rainmaker
351,125
Karen Feltman
Cedar Rapids/Iowa City, IA Skogman Realty - Cedar Rapids, IA
Relocation Specialist

In my area, the home inspection is the property of the buyer.  They are the ones hiring the inspector and paying for the inspection.  When we ask for repairs to be made, we only send a summary with photos of the items that we wish the seller to repair in the inspection remedy.  There is no need to send the entire report to the listing agent or seller.  I can understand where you are coming from though....if a buyer's agent wanted to send the report to me, I would take it too!

Jul 12, 2012 07:01 PM #36
Rainmaker
565,501
Kathy Sheehan
Movement Mortgage 770-634-4021 - Atlanta, GA
Branch Manager

I have buyers that will frequently send me the inspection report and it isn't necessary.

Jul 12, 2012 07:13 PM #37
Rainmaker
412,919
Kevin Mackessy
Blue Olive Properties, LLC - Highlands Ranch, CO
Dedicated. Qualified. Local.
You need to assume culpability for disclosure so you cranked thinly should not pass on getting sent the inspection report.
Jul 12, 2012 07:21 PM #38
Ambassador
1,666,213
Richard Weisser
Better Homes and Gardens Real Estate Metro Brokers - Newnan, GA
Richard Weisser Coweta Newnan Homes for Sale

It's an interesting issue, because if a serious safety related issue is discovered, is liability eliminated by not WANTING to know about it?

Jul 12, 2012 07:47 PM #39
Rainer
167,920
Rob Ernst
Certified Structure Inspector - Reno, NV
Reno, NV-775-342-4767- Inspector & Energy Auditor

It's true here that the one who pays for the report owns the report. But the goes only as far an the Home Inspector. Once the owner of the report allows it to be emailed around it open season. The fact that people want to know just shows the mentality of the people who are selling and why disclosures are not filled out honestly most of the time.

Jul 12, 2012 08:09 PM #40
Rainmaker
566,228
Corinne Guest
Barrington Realty Company - Barrington, IL
Barrington's Country Suburban Home Matchmaker

There is also the fact that the inspection report was not prepared for the seller, it was bought and paid for by the buyer and all it's data belongs only to the buyer, and here their attorney. So if it does not belong to the seller, he didn't commission it, then I wonder whether he could be held accountable for any of the contents anyway. Unless of course, as we do here in IL, it is formally served by one attorney to another. Clearly different thoughts and rules apply for each state.

Jul 12, 2012 08:13 PM #41
Rainmaker
610,512
Michelle Cooks
Charles Stallions Real Estate Services - Pace, FL
Pensacola, Pace & Gulf Breeze Property Management

I always attend the inspection so as to get just the repair report. I find it helps to have a preinspection report as well.

Jul 12, 2012 08:22 PM #42
Rainmaker
69,657
Tiffany Sniezek
RE/MAX The Woodlands & Spring, TX 713-594-9639 direct, - The Woodlands, TX
Tiffany Sniezek 713-594-9639 RE/MAX Woodlands TX

Interesting post as I have seen this before too. Great comments by all.

Jul 12, 2012 08:42 PM #43
Rainer
136,999
Hal Hovey
VA & FHA home buyers, vacation homes, foreclosure homes - Oak Harbor, WA
Realtor - Oak Harbor Homes For Sale Whidbey Island

If the seller gets sued later for an "undisclosed" problem with the house, it is better for them to have the buyer's entire report.  I have seen where the seller was able to prove the buyer discovered the problem during their inspection, but chose to ignore it when asking for repairs prior to closing.

Jul 12, 2012 08:48 PM #44
Ambassador
755,001
Jerry Newman
Green Home Realty, 210-789-4216,www.Selling-SanAntonioHomes.com - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Belinda. Great comments going on here, but it's the Listing Agent who is actually refusing to accept those inspection reports. I would think the sellers would like to know what problems and issues were found.

Jul 12, 2012 09:40 PM #45
Ambassador
1,234,073
Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
Franklin TN, South of Nashville

For the most part, agents here aren't submitting the entire inspection report to sellers. Unless, they plan on walking away entirely and exercising their home inspection clause.

Jul 12, 2012 09:48 PM #46
Rainer
96,421
Bart Foster
Keller Williams Realty Boston - Metro - Boston, MA
Boston MA Real Estate

Have to disagree here. It's the buyer who commissioned and paid for the inspection. Why should they be handing it over to benefit the seller unless they are under obligation to provide it when exercising their right to terminate the contract. However I would ask if a Seller were to commission an inspection and provide it as part of every showing, how many buyers would pass on commissioning their own inspection?  Every buyer should have their own inspection, and no inspection should ever be expected to be 100% complete. As some buyers are only concerned with certain aspects of a home and breeze over certian things they are comfortable with, there might be a huge liability for a seller in providing a copy of another buyer's inspection.  If there are any Seller attorneys reading this blog, I'd like to hear their thoughts on the matter.

 

Jul 12, 2012 10:23 PM #47
Ambassador
1,565,489
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 800-610-7253 DRE01267479 - Costa M

Belinda - It seems like an odd way to avoid potential disclosure issues.  Won't the seller be notified when the buyer asks for repairs.

Jul 12, 2012 10:32 PM #48
Rainmaker
686,431
Pamela Seley, REALTOR®
REALTY EXECUTIVES OTF - Temecula, CA
Seals the Deals in Temecula Valley California

Belinda, that's just plain crazy, imo. I need the inspection report because it becomes part of my broker file. If something is questionable in the report, seller or buyer can get a second opinion. Thanks for your post today,

Jul 12, 2012 11:08 PM #49
Rainmaker
553,178
Gary Frimann
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
California Broker and REALTOR

Did she not asl for it for fear that if she knew, they may be held liable for something?  That sounds pretty crazy.  If I am th listing agent, and can get my hands on an inspection report that someone else paid for, I'd say great!

Jul 13, 2012 03:13 AM #50
Rainmaker
1,486,630
Lawrence "Larry" & Sheila Agranoff. Call 631-805-4400 (c)
Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo & Home Sale Specialists

Wonder why the listing agent said this Belinda? We can understand that the buyer paid for it and maybe they wouldn't want to give free information (?) but for the Realtor to say "don't send it" is kind of confusing...

Jul 13, 2012 03:32 AM #51
Rainmaker
1,089,620
Bryant Tutas
Bryant Tutas-Tutas Towne Realty, Inc - Poinciana, FL
Broker/REALTOR, Tutas Towne Realty, Inc

It depends. Are you just sending the inspection report and expecting the listing agent and the seller to go through it and take care of things or are you sending the report along with a signed addendum outlining the repairs that are a concern to the buyer? If it's the latter then I'm ok with it. If not well........don't send me the inspection report!

Jul 13, 2012 03:53 AM #52
Ambassador
982,265
Amanda and Jared Christiansen, YOUR Fort Wayne Realtors
Century 21 Bradley (260)704-0843 - Fort Wayne, IN
Century 21 Bradley.

As a listing agent, I would like to see the inspection report.  Especially if the buyer is asking for repairs.  Doesn't make sense to me to not share it.  Good post.  

Jul 13, 2012 05:19 AM #53
Rainer
104,571
Andrew Herren
Craig Massee Real Estate - Milledgeville, GA

The inspection report is a report on one person's opinion of the condition of the home. It is not (in itself a request) for repairs. As a broker and a home inpsector I will say that the inspection classes I took instructed the inspector to never turn the report over to anyone but the client that paid for the inspection. What that client chooses to do with the report is up to them and their agent.

A Georgia contract is basically an option contract anyway. The buyers can ask for repairs that are not in the inspection and terminate (if they are within their window) if they do not get want they want.

I am surprised that no one has mentioned material fact. Personally I wouldn't want one home inspector's opinion to now be facts that I had to disclose to a future buyer when this deal goes south! I don't want this to sound like I'm knocking home inspectors (did I mention that I am one?), but I have seen some terrible inspections.

Jul 13, 2012 05:37 AM #54
Rainer
133,457
Chris Jenkins - Miami/Miami Beach Realtor
Keller Williams Miami Beach - Miami Beach, FL

In FL, if a buyer wants to terminate a contract based on an inspection report, then the report must be provided along with the amendment.  I see where these listing agents who don't want to receive a report are coming from... I don't agree with it, but I see it... but, do they think that not having an issue in writing eliminates their and their client's need to disclose going forward?  They've certainly been told about any issue that is so important to a potential buyer that they have terminated because of it.  Knowledge=disclosure.

Jul 13, 2012 05:38 AM #55
Rainer
230,789
Shannon Lewis
Beringer Realty - Champaign, IL
Realtor, Broker - Champaign-Urbana, IL

I'm in agreement with those here who have stated that they want to see the report if the buyer is requesting repairs from it. Otherwise, there's really no point. HOWEVER, I can't imagine asking the buyer specifically NOT to send the report to me. If the seller is that concerned with what he may have to disclose from someone else's inspection report, then he should have his own pre-inspection so everyone doesn't think he's a big sketch ball :-)

Jul 13, 2012 05:48 AM #56
Rainer
6,682
Desiree Frazier
MyWay Realty, llc - Keene, NH

I ran into this on my very first sale.  I was the buyers agent and I automatically sent the report to the listing agent with the list of repairs requested.  The listing agent then informed me that I wasn't supposed to send it to him.  The report belongs to the buyer not the seller.  Since then I always give my buyers the option of sending it, and when they choose to send it, I include a note saying the buyer requested the report be sent over.  I've never been "corrected" again.  

Jul 13, 2012 06:00 AM #57
Rainmaker
1,225,515
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

I'm with Cathy #27, send the report. Contractually, in California using a standard CAR form, the buyer must send the inspection report. Any defects known to the seller's agent must be disclosed.

I typically have the opposite problem. When a buyer walks from one of my short sales, it's like pulling teeth sometimes to get the reports from the buyer so I have them to hand over to the next buyer. Especially when you're like me (selling short sales) and selling a home 2 or 3 times, you want to make sure you are disclosing absolutely everything you know to the final purchaser.

Jul 13, 2012 06:10 AM #58
Anonymous
Anonymous
Muriel Lawty

Anothe reason to see the report is that sometimes the inspector makes a mistake.  If you can identify this, it is possible to save a failing transaction.  And, of course, I totally agree with full disclosure.

Jul 13, 2012 06:34 AM #59
Rainmaker
183,339
Robby Leviton
Keller Williams Realty - Kirkland, WA
Knowles Team

I agree with you, I always send the report with my inspection response as back up to what we are asking for. If a Sellers agent won't take it then they aren't being ethical are trying to hide material defects.

Jul 13, 2012 07:00 AM #60
Rainmaker
265,774
Jeanne Dufort
Coldwell Banker Lake Country - Madison, GA
Madison and Lake Oconee GA

Its just a time and money waster for all involved when a prior inspection discovered problems and those are not disclosed to all future buyers.

Jul 13, 2012 07:06 AM #61
Rainmaker
126,438
Allyson Hoffman
RE/MAX Villager (Chicago North and North Suburbs Real Estate) - Northbrook, IL
Making Today's Dreams Tomorrow's Reality!

I'm fine with getting the report.  I'm not necessarily fine with accepting what is in it as gospel.  I could recount countless reports that provided a list of scary problems that when further investigated by the "specialists" (inspectors are generalists), found no such problem -- things ranging from defective furnaces that are perfect, to structural concerns that simply do not exist.  I'd say, it's important to take the information "with a grain of salt" and do your own follow up before disclosing anything that is potentially questionable!  There's even one firm around here so notorious for providing a litany of minutia that cannot be substantiated that I could wager my last dollar on the fact that when they are involoved, we are going to have problems ... just about 100% of the time and the majority of the issues cannot be substantiated upon further investigation. 

Jul 13, 2012 07:12 AM #62
Rainmaker
115,468
Nick Walton
JP & Associates REALTORS® - Frisco, TX
Call 469-556-2393

As the listing agent I don't really want to see the inspection report however every single home I have listed and has gone under contract, the buyers agent has sent me the report. I am of course not going deny having a copy or say I have not seen it when I have.

What I really hate is when you are in negotiations and it is looking like you are not going to be able to make a deal and the buyers agent says, "Well you know that your are going to have to disclose the Inspection to the next buyer that puts in an offer and you are going to have to get items A & B fixed then..."

I just dont see it as a bad thing but hate to be threatened with it.

Jul 13, 2012 07:14 AM #63
Anonymous
Anonymous
Lisa Jalufka

Belinda, Here in our marketplace in Ashburn VA, our contract home inspection contingency specifically states that a copy of the report has to be provided to the seller and listing agent when repair/replace items are being requested.  And yes, sometimes that means that we now have actual knowledge of a material defect that we will have to disclose to another potential buyer if the current one withdraws.  But I agree with other replies here, it is better all around to have the information and disclose it.  It also begs the question, isn't there still some knowledge of defects even when refusing the report ?

 

Jul 13, 2012 07:16 AM #64
Rainer
126,815
Sylvia Jonathan
Coldwell Banker Platinum Properties - Irvine, CA
Broker Associate, SFR

I don't know it works in Colorado, but per our CA contract, paragraph 10.B, any inspection reports the buyer gets must be given to the seller. Also, when the buyer makes a request for repair, the buyer references respective sections or pages of the attached inspection report on the request form. I don't think refusing to read the reports constitutes not knowing about a condition.

Jul 13, 2012 07:16 AM #65
Rainmaker
526,960
Amanda S. Davidson
Living A Dream Real Estate - Alexandria, VA
Your Northern Virginia Realtor

Very interesting post Belinda, I've never heard of a listing agent not wanting to see the report. I always send it with a copy of the repair requests. Refusing to read the report seems silly and counter productive to me too.

Jul 13, 2012 07:19 AM #66
Rainer
149,931
Ben Yost - 303-587-4297
First Time Home Buyer, Mortgage Rates, Pre-Approval - Denver, CO
FHA, VA, Homepath and Jumbo - Mortgage Loans in De

Like politicians- plausible deniabily???

That is crazy!

Good Post!

Jul 13, 2012 07:30 AM #67
Rainmaker
237,724
Roger Johnson
CENTURY 21 American Homes - Hickory, NC
Realtor - Hickory NC Real Estate

I've skimmed over some of these comments, and frankly, I'm a bit surprised at the level of assumptions as to the natural of the deal and/or why a seller's agent wouldn't want a copy of the report.

With what you've written, I would have to question why are you even trying to send the inspection report to the list agent?  A home inspection was done for the buyer and at the buyer's expense and for the buyer's eyes only.  You can't even offer the report to the seller without the buyers express permission to do so.

Even if you are offering the report with permission to show any issues found that the buyer is requesting be repaired, you only need to show the summary report and really, only the issues in question.  Again, this is the buyer's inspection, not the seller's.

If your buyers get an inspection that makes them want to terminate the contract because the inspector found some major defect, you just cancel the contract and move on.  You don't represent the seller.  It's not your job to show them issues found in a home inspection.

Jul 13, 2012 07:30 AM #68
Anonymous
Anonymous
Thessy Onyenedum

Belinda, interesting post and trend.  Indeed, in California, the selling agent is bound to provide the seller and listing agent with all inspection reports. Makes sense. The Seller needs to know the condition of the home they are selling.

Jul 13, 2012 07:34 AM #69
Rainmaker
238,350
Emmary Simpson Tierra Antigua Realty - Tucson AZ
Tierra Antigua Realty - Tucson, AZ
Serving Tucson AZ

I recently had to cancel a contract due to the inspection. I sent the listing agent our buyer's response and included the page of the report that addressed the issue. With my seller's permission, I disclosed one other issue when the LA asked - it wasn't major but it was something that needed to be addressed.

I will send the report with the buyer's permission - they paid for it, it's theirs. If they don't want me to send it, I don't.

Jul 13, 2012 07:42 AM #70
Rainer
28,163
Robert Boerner
Gecko Realty - El Cajon, CA

In our area, it is normal for the seller and the listing agent to receive a copy of the home inspection report.  But, I have been the LA who says don't "don't send the report to me".  Why?

 

In California, home inspectors are not licensed or regulated.  The trade associations won't do anything to investigate questionable inspectors (I've tried).  Certain local inspectors have a reputation for preparing reports with innaccurrate findings.  I had one recently where the buyer's agent had her friend/home inspector prepare a report on my listing.  The inspector made a number of incorrect findings (furnace recalled when it was not, roof needing replacement when it had no leaks, rodent infestation - pest inspector disagreed).  The buyer demanded all items on the report be repaired prior to COE and the deal subsequently fell apart.  The buyer agent wanted to use the trumped up report as a hammer during negotiations.

 

I contacted the inspector and he agreed he may have made mistakes.  He verbally told me he three times would correct his report and resend it.  He never did.  I contacted his trade association and they would not intervene.  So, I was left with a bogus report but obligated to give it to future buyers.

 

So, do I ask not to be given a copy of the report?  Sometimes (after discussing it with my client).  It depends on who the buyer hires as an inspector.  Does that make me look shady?  Perhaps.  But I am protecting my client and that is my obligation.

 

If inspectors did their job properly (accurately observe and report) and not make recommendations on what needs to be done and how much it will cost, I would not have a problem with seeing a report. 

 

As much as I hate additional regulation, I would like to see home inspectors licensed by the state.

Regarding California and the law stating the report must be given to the sellers -

California's RPA does not require the inspection report be provided to the seller by the buyer.  It requires the report "be made available".

 

Jul 13, 2012 07:50 AM #71
Rainmaker
339,438
John DL Arendsen
ON THE LEVEL General Contractor, Crest Homes Factory Built Housing Dealer & Developer & TAG Real Estate Sales & Inves... - Leucadia, CA
Contractor, RE Brk, Factory Built Home Dealer/Devl

I can't believe in today's litigeous world people would even think that way. 

Jul 13, 2012 07:54 AM #72
Rainer
132,161
Laura Murray
Weichert - Silver Spring, MD
Search Montgomery Co., MD for homes www.MDRealEstateOnline.com

Interesting, in terms of disclosure I wonder if refusing to see the results of an inspection would hold up in court as a not aware of an issue defense?

Jul 13, 2012 07:57 AM #73
Rainmaker
810,806
Gail Robinson
William Raveis Real Estate - Southport, CT
CRS, GRI, e-PRO Fairfield County, CT

In Connecticut, buyers aren't required to share their inspection report with the seller.  Most often they will share parts of the report.  I've seen some properties where several inspection reports were done and some of the reports are contradictory, so which is the real material fact?  Inspection reports vary greatly in quality and accuracy, just like appraisals.  That being said transactions go much smoother if all the material facts are laid on the table from the start and reflected in the list price, so the more disclosure the better, but let's just realize that inspection reports aren't perfect.

Jul 13, 2012 08:03 AM #74
Rainer
122,144
Roger Newton
Roger Newton Real Estate - North Plains, OR

I would expect to receive an inspection report with an inspection request.

On the other hand, some sellers do not want to see an inspection with a termination, howver, I would rather know what the inspector found in the inspection.  I have had buyers try to sell their inspection report to the seller when they terminate the agreement.

 

Jul 13, 2012 08:05 AM #75
Rainer
28,163
Robert Boerner
Gecko Realty - El Cajon, CA

One thing I find interesting (at least here in California) is that the buyers assume (usually with the assistance of their agent) they are entitled to have repairs made to the home.  The inspeciton is to allow the property's condition to be fully examined.  If the buyer does not like the condition, that's fine.  They are not obligated to complete the transaction.  Our CAR Purchase Contract clearly states the property is being sold "As-Is" (Paragraph 9).

 

When I price a property for sale, I discuss the condition with the seller and set the list price accordingly.  Too many buyers agents tell their clients, "You can offer $200,000 now and then get another $20,000 in repair credits once the inspection report is done."  Is that the correct mentality for an "as-is" sale?

 

Re-negotiating for items unknown and subsequently discovered during an inspection is fine.  But, a home 30 years old is going to have some issues.  They buyer is buying a 30 year old home and should not expect it to be in brand new condition.

Jul 13, 2012 08:07 AM #76
Ambassador
992,805
Bob Crane
Woodland Management Service - Stevens Point, WI
Forestland Experts! 715-204-9663

Ok, so the inspector is likely to report Every thing that could possibly be a problem, even if it is not proven, or else they may be liable for damages if it turnes out to be a problem.

Once the listing agent and seller see this report they must muddy up the disclosure report with this information, OR hire another inspector or contractor to dispute these items.

I am a strong believer in Honest disclosure, However, a lot ot this disclosure is not so much disclosure as CYA, which is bad for everybody except for contractors who get to fix problems that often do not even exist.

 

Jul 13, 2012 08:08 AM #77
Rainmaker
198,272
Todd Anderson
You In Park City group - Keller Williams Park City Real Estate - Park City, UT
Park City | Deer Valley Real Estate

From the responses I see here, it is agents that are out there doing the right thing that comment on AR. Congrats to all of you! Sellers and their agents don't want the report so that they don't have to disclose defects that they may not have been previously aware of. It is slimey at best.

Jul 13, 2012 08:27 AM #78
Rainmaker
1,068,344
Belinda Spillman
Aspen Lane Real Estate Colorado - Aurora, CO
Your Colorado Real Estate Resource!

Wow - sounds like I spurred some great comments with this post.  Some of the comments are so long they could be their own blogs.  I hope I have inspired some of you to blog about your thoughts on this one.  I was inspired by Jeff Dowler from a blog he recently wrote.  In fact, in my comment to him, I said, I should write a blog about this.  And here we are.  Thanks so much for stopping by and sharing your insights,

Jul 13, 2012 08:35 AM #79
Rainmaker
996,130
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

As far as the buyer having to submit the entire inspection report to the seller in order to terminate the purchase agreement, here in the Texas market... our option to terminate is not tied to an inspection report, or to anything else.  Most contracts request, and are given, an option period of anywhere from seven to ten days to terminate for any reason.

Now... it is highly typical that terminating DOES have to do with excessive repairs found, but it still may be done... even without a reason.  Again, that is part of perhaps 95% of our contracts.

Jul 13, 2012 09:37 AM #80
Rainmaker
996,130
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Bart in #48:  I don't think that a buyer, especially one with a good agent, would forego having their own inspection done... simply because the seller, in addition to giving them the mandatory Seller's Disclosure (mandatory in Texas)... gave them a full inspection report.

I cannot recall a Seller ordering their own full inspection with a professional home inspector... either before or after an offer comes in.  IF... the seller did order and receive a full inspection prior to the buyer seeing the home... the seller must share that inspection report with the buyer as part of the mandatory Seller's Disclosure.

I would think doing that... would highly increase the chances that the buyer would decide NOT to even look at the home.  Once the buyer views the home, and decides they like it and want to make an offer... if at that time the Listing Agent provides the results of a full inspection report (which they rarely have done)... the buyer is much less likely to be scared off... because they have seen the home, and like it well enough to make an offer.  In that case, they will probably view the inspection report that the seller had... in a different light... by which I mean, more favorably.

Jul 13, 2012 10:09 AM #81
Rainmaker
1,264,741
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I think this is game playing on behalf of the sellers.  I have found Fannie Mae to be very bad about this.  

Jul 13, 2012 10:31 AM #82
Rainmaker
126,438
Allyson Hoffman
RE/MAX Villager (Chicago North and North Suburbs Real Estate) - Northbrook, IL
Making Today's Dreams Tomorrow's Reality!

Gail Robinson #76 explains it as you would find it required in this area.  The contract requires that the pages of the inspection report referenced in any repair/credit request be provided along with the request.

Jul 13, 2012 10:31 AM #83
Rainmaker
126,438
Allyson Hoffman
RE/MAX Villager (Chicago North and North Suburbs Real Estate) - Northbrook, IL
Making Today's Dreams Tomorrow's Reality!

Karen Anne #83 ... sometimes under certain conditions, preinspecting and making that report available is critical.  Yes, it might scare off some buyers -- the ones who shouldn't buy the house.  I used a preinspection of a short sale property facing foreclosure (a time gun) to eliminate buyers returning at a later date with inspection issues that caused them to cancel.  The report (and associated repair receipts for things the seller could afford to correct) was required to be submitted with any offer as read, acknowledged etc. by signature or initialling of the buyer.  This caused the seller to end up with a REALLY solid buyer (multiple offers on this property) who knew what they were getting and were prepared to handle the disclosed issues regardless.  In a short sale situation of true urgency where fall thoughs cannot be risked, this does stand to help the seller. Just a thought ... interestingly, virtually every agent who showed REALLY liked having the report and told me so.  I'm sure the ones who read it and didn't like it, never showed.

Jul 13, 2012 10:43 AM #84
Ambassador
1,457,675
Anna Banana Kruchten
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana of Real Estate!

Here in AZ the saying is Disclose Disclose Disclose.   "Buyer shall provide Broker(s) upon  receipt, at no cost, copies of all inspection reports concering the premises obtained by Buyer". It is part of our contract and if we were not to ask for it and not disclose there would be huge liability issues. When in Doubt Disclose!

Jul 13, 2012 10:48 AM #85
Rainmaker
570,044
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Belinda,  Yikes !  This just doesn't make a whole lot of sense to me either.  Borrow shovel, dig hole, insert head !

Jul 13, 2012 10:49 AM #86
Rainer
104,921
Gen Y. Kert
WEICHERT, REALTORS®-Synergy - Wellesley, MA
Gen Y Kert

Would you believe it if I told you that in some jurisdictions, it is recommended practice that NEITHER the buyer's agent nor the seller's agent be present during a home inspection?  Well, it's true.

As a listing agent that takes my responsibilitities quite seriously, it is not in my best interest nor is it in my client's best interest to know what an inspection report states.  That is between the inspector and the buyer.  Either you want the home or you don't . I don't need to know the details. 

You see, real estate is "caveat emptor" -- buyer beware. 

 

Jul 13, 2012 10:56 AM #87
Rainmaker
575,673
Ron Trzcinski
Century 21, The Real Estate Centre - Nottingham, MD

Belinda,

As I understand the requirement about disclosing material facts, the agent must disclose material facts of which they are aware and material facts of which they should have been aware.  If an inspection was done, then the facts within the report are facts which should be known by the listing agent, whether they want to know the facts or not.

 

Jul 13, 2012 11:18 AM #88
Rainmaker
481,508
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

As a LA, if the Buyers are asking for repairs, then I would like to see the inspection report keeping in mind that Inspection is an Opinion and may differ from Inspector to Inspector. Inspections are paid by the Buyers and it's upto them if they wish to release it to the Seller. As a LA, if you have a copy of the inspection where a transaction falls apart, will you then give the copy of that report that is paid by someone else to the next Buyers?

Jul 13, 2012 11:58 AM #89
Rainmaker
819,649
Lyn Sims
RE/MAX Suburban - Schaumburg IL Real Estate - Northwest Suburbs of Chicago - Schaumburg, IL
Schaumburg Homes

That used to be a custom in my area but now they only send the things that they want addressed. I personally don't care what is wrong with the home 'according to the inspector'. I've seen too many pages of bathroom door doesn't lock & other inspection drivel for my lifetime. 

Besides, is everything on the report a defect?  I don't think so.

Jul 13, 2012 12:19 PM #90
Rainmaker
59,989
Sharon Sanchez
Ace Home Realty - Carson, CA
Your Number "1" Source For Real Estate.

Hi Belinda.  I mostly work with sellers and normally like to be at the inspection when the inspector does an overview of his/her findings at the end of the inspection.  If I can't make it, then I would really like to see the report.  The report usually has pictures of damage or deferred maintenance.  That way when I receive the request for repairs, the seller and I could look at a picture of that item in the inspection report.  Sometimes things seem like a big deal when it's in writing without a visual, but when you look at the report and the pictures, you have a better understanding of what the buyer wants repaired.  Me personally,.........I would like to have a copy of the report, just in case I needed.

Jul 13, 2012 12:48 PM #91
Rainmaker
636,809
Stephanie/Bob The Ruiz/Miller Team
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Belinda, do you know why the agent do not want to see the report?  Is a disclosure issue?  Or if they are like me they only want a simple list of requested repairs?

Jul 13, 2012 12:58 PM #92
Rainer
24,333
Alesia Rapkin
Berkshire Hathaway Georgia Properties - Grayson, GA

In GA the Seller's Property Disclosure asks specifically if there have been any inspections of the property in the last five years and if yes what inspections.  So even if you don't get the report the seller should still update the disclosure to affirm there was an inspection done.  

Jul 13, 2012 01:27 PM #93
Rainmaker
1,068,344
Belinda Spillman
Aspen Lane Real Estate Colorado - Aurora, CO
Your Colorado Real Estate Resource!

Its fnny how different this is in each state.  There is no contractual requirement for the buyer or buyer's agent to share the report with the seller.  As a matter of courtesy, I have frequently sent it to the seller, with the buyer's permission just so the seller can see exactly what the inspector is talking about.

This particular listing agent said she did not want to know what else was wrong with the home because she would have to inform the seller and modify the seller's property disclosure.  My thought was - SOOOOOOOO. 

 

Anyway, thanks again for the awesome comments.  I am so glad we created a great dialogue in the Rain.

Jul 13, 2012 01:49 PM #94
Rainer
17,899
Jordy Brisbin
Sutton Centre Realty - Vancouver, BC

Interesting... I have not had a buyer's agent try to send me a report. But the seller did not pay for it, does not own it, and cannot really rely on it anyways... It is for the buyer, unless it is perhaps a pre-listing inspection done by the seller, but that is a different story. Unless there a defect the buyers could see and understand, I don't think I would tell a seller to modify their disclosure based on a document they have no legal right to rely on. However, whether i work for the buyer or seller, I attend inspections, and if there is something my client, buyer or seller, needs to be aware of, I tell them. If there are major flaws, this can be used in negotiation, or as justificatioin to walk away, but I would not try to shove a report down someones's throat.

Jul 13, 2012 03:09 PM #95
Rainmaker
824,427
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
your real estate writer

"What I don't know can't hurt me?" That seems to be what these listing agents are thinking. I agree that the validity of an inspection depends upon the inspector's expertise. But it seems like knowing there was a concern would be a good thing - then the seller could look into it before the next buyer came along.

Jul 13, 2012 03:52 PM #96
Rainer
198,784
Dörte Engel
RE/MAX Leading Edge - Bowie, MD
ABC - Annapolis, Bowie, Crofton

Dear Belinda,

To avoid the game of telephone, it is often best to refer to the inspection report directly. I am all for brutal honesty in transactions. Just because a home has some sort of problem does not necessarily mean that the buyer will not buy it. It just has to be addressed somehow.

Jul 13, 2012 07:15 PM #97
Rainmaker
144,944
Marshall Brown
Mid America Inspection Services, LLC - Fargo, ND
BSEE, CHI

Didn't see much from inspectors above so will put in my two cents worth.

As several of the respondents above noted the inspection contents are the property of the person signing the contract and paying for the inspection. The only two exceptions I am aware of deal with findings that might imperil people or property. There is a legal and moral obligation to inform the owner or their representative.

A professional inspector is going to prepare a report that accurately describes the condition of the property to the best of their ability. The obvious best reason is ethics or morality but from a more pragmatic viewpoint, they can be sued for failure to report or improperly reporting conditions.  Practically, they must be able to defend their findings, good and bad.

In my experience most Realtor's do not want to see the report unless it contains information requiring their action. Let's face it, no matter how hard I try I am not equal to a Hemingway and the report can be very dull (the best kind I might add) unless it has something that impacts them. If there is a legal requirement that's a different story.

One thing to keep in mind is that a report has a very short shelf life. Things that were reported may be corrected (I can dream) and things that were not worthy of reporting may fail. I was recently called by a bank asking for a report from 4 years ago. I can't imagine there would be anything in it that could be trusted to still be accurate.

The above two cents is adjusted for inflation.

Jul 13, 2012 08:16 PM #98
Rainmaker
339,180
Debra Gould
Staging Diva / Six Elements Inc. - Toronto, ON
The Staging Diva

Great perspective from Marshall, the home inspector, thanks for sharing!

I agree it sounds shady when an agent says they don't want to know what's in the report.

Jul 14, 2012 08:49 AM #99
Rainmaker
295,514
Drick Ward
NEPTUNE REALTY - Virginia Beach, VA
"RealtorDrick" - Experienced Representation

Lively topic, but I think many people missed some important points. Marshall called it correctly, as did several others earlier.  The report is one person's (usually a generalist) opinion of condition at that point in time with ample disclaimers directing further investigation by a subject matter expert.  Unless it presents a clear and present danger or is some other matter required by law to be disclosed, it is not relevant.  It's as simple as the realization that there are things I would LIKE to read that are not getting read, so a report that is not relevant doesn't make my reading list.

I saw several comments about banks not accepting unrequested reports which is a valid practice.  They are protected from disclosure because they don't know anything as they never lived in the property; therefore they are not responsible to learn anything and the less they learn, the better.  If they begin learning, they need to exert the same amount of learn-energy on every property and store all of this newfound data somewhere too. Now when someone is making a decision on that asset, more data must be considered and similar properties are treated unfarily different because of the amount of data available on each.  It could lead to some very complicated problems and much slower resolutions.  And for the agent with a new listing from an asset manager, try sending reports after you were told not to and see how long you continue to get listings from that client.

Jul 14, 2012 09:20 AM #100
Rainmaker
370,424
Nina Hollander
RE/MAX Executive Realty/Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

How do you advise your seller client on appropriate repairs if you don't see the inspection report?

Jul 16, 2012 12:01 PM #101
Rainmaker
266,421
Carrie Sampron
Home Smart Realty Group - Highlands Ranch, CO
ABR SFR & Kathy Sampron (303) 931-3629 Highlands R

Hey Belinda: Whether the listing agent wants it or not, they will be getting the inspection report from us. My sister and I believe in attaching the report, it gives our side leverage when negotiating inspection items. Carrie

Jul 16, 2012 02:43 PM #102
Rainmaker
280,101
Marnie Matarese
J Wood Realty - Sarasota, FL
Showing you the best of Sarasota!

That would really feel creepy to ask another agent NOT to send me the report.  I use it as a guide to get things fixed even if the sellers back out.  Who would not want a free manual?  Very strange to request NOT to get it.

Jul 17, 2012 06:29 PM #103
Rainmaker
261,532
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Good post and good comments. I always learn something from the conversation.

Nov 12, 2012 06:26 PM #104
Ambassador
1,382,715
Praful Thakkar
Keller Williams Realty - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Belinda, at times, it is essential to share inspection report with the sellers. Though I have seen seller's agent taking advantage of this report - by not agreeing to inspection punch-list and eventually selling it to some other buyers!

Nov 30, 2012 10:22 PM #105
Rainmaker
712,634
Sharon Parisi
Keller Williams Dallas Premier Realty - Dallas, TX
Dallas Homes

Brenda, I agree with you completely! It is to the Seller's advantage to disclose all including what is in the report.

Nov 30, 2012 11:10 PM #106
Ambassador
2,412,699
Patricia Kennedy
Evers & Company Real Estate, Inc. - Washington, DC
For Your Home in the Capital

Belinda, that happens here, too, but only if the buyer decides to get out of the contract based on the results of the inspection report.  And like you, I don't think it smells quite right.  I sure wouldn't want to be on the wrong end of a lawsuit if I'd refused to accept a report, especially if it showed something that, arguably, I should have been able to figure out.

Dec 01, 2012 08:17 AM #108
Show All Comments
Rainmaker
1,068,344

Belinda Spillman

Your Colorado Real Estate Resource!
Invite Success Into Your Real Estate Transaction
*
*
*
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the folder to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Additional Information