Originally Posted by
Jim Luttrall
Dan you are correct about loosing business, but I too try to explain the possible ramifications to sellers doing a prelisting inspection. In TX there is a space on the disclosure for that asks about inspections performed in recent history and calls for the attachment of the report. The few I have done have resulted in repairs done, disclosure of non-repaired items (foundation) and the seller being able to sell with little taken off of their price for repair issues. As Steve said, it takes the disclosed items off of the negotiation table.
Win, win if the seller is ethical...
Jim,
Actually, there is no space on the disclosure from
TREC that has a place for prior inspections and the attachment of the report. Look at the next one you see and you'll notice that it is a
TAR document. Because of the size of the TAR lobby (obviously my opinion) the wording in the TREC rules allows them to make their own disclosure forms. They must include as a minimum the attached information which is the actual TREC form. Realtor's PRESENT their document as a required legal document, but it is not.
It has always frosted me. TREC thought Inspectors were so incapable of clearly speaking to their Clients that they mandated a report form. Yet a document as important as the seller's disclosure is allowed to be manipulated by the Realtors. Before someone goes off about this, understand that I am pro licensing and pro SOP. But the mandated format for inspections was a successful lobbying effort by TAR to make all inspections appear similar for the benefit of Realtors, not the consumer.
The attachment of prior inspections within the past four years was yet another way for Realtors to add Inspectors to the food chain when they get sued. It presents another opportunity for the Realtor to say, "It was just inspected last year, month, week. I always recommend an Inspection, but it was just inspected last year, month, week." And worst of all, it presumes that all inspections are equal or even accurate. How would any of us like to be a seller in the position of "having" to attach a copy of a prior inspection that was now known to be unreliable?
In several cases where my Clients have not bought the house I inspected for reasons other than the condition of the house I have had Realtors contact me to tell me I needed to send them a copy of the report because my Clients had not completed the transaction and the sellers needed to provide my report for the new seller's disclosure.
Isn't it odd that I have never had a Realtor ask for the same thing when my Clients didn't buy the house because of the conditions found at the house?
I have never accomodated the requesting Realtor. I politely tell them that any copies of the report must be obtained from my former Client, not from me.
When working for the seller as a presale Inspectior, I do not instruct or advise my Clients to comply or not to comply with TAR's request to attach the report. I do encourage them to review all documents regarding the sale of their house with their attorney, to include all requests for attached documents.
Which all leads back to: We should not be under the authority of TREC. We are independent of the sales transaction and should be licensed under the TDLR.