Originally Posted by
Bruce King
That way the agent can tell the buyer " the HI did not actually recommend anything so the seller does not have to address that one".
Bruce,
I don't see how you, or the agent, can get that out of "install GFCI protection where missing" and you've listed the "where missing" locations.
Either I'm not explaining it right, you're not understanding it right, or I'm not understanding what you are understanding, but ...
When you have a part of your report which states that you "recommend" this action - that's what the state is saying not to put into the summary.
However, nothing in there says you cannot put into the summary where you have a part of your report which states that 'such and such, and such, and this and that, and that, and this other thing "need to be done" as listed' - those items go into the summary.
Once in the summary, how can you or the agent say that the HI is not saying to do anything?
As I said before "It's all in the wording" you chose to use.
The state is telling HIs that you need to get some 'b*lls' and actually take a stand and make a statement instead of fluffing it off to a 3rd party through a "recommendation" or that dreaded 'further evaluation' thingy. The agents are hoping that is not going to happen, knowing that so many HIs feed at the agents trough.
I AM NOT saying that applies to 'YOU' as in 'you personally', but to 'you' as in 'you plural for NC HIs'. That's what I see in that law - it wants HIs to either take a stand or not bother putting it in the summary.
If it does not go in the summary, 'it's not actionable' as far as the agents are concerned, but, you can trust that 'it will be actionable' for an attorney should something be hidden in the report, not making it to the summary, and it causes a problem or becomes an expensive repair for the new owners.
Just my take on it.