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Thread: ethics issue?

  1. #1
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    Default ethics issue?

    I copied this question from elsewhere on the web. I was wondering how you all might respond to something like this.

    I received this e-mail today. Feel free to send your advice to him.

    "I am a PA Home Inspector, Been in Business for 14 years.

    Recently, I was contacted by a client to schedule a home inspection.

    We called the Listing Agent for access to the home.

    The Listing Agent denied us access - stating we are "deal Killers"

    The buyer was forced to hire a "less competent" home inspector.

    I am considering filing an Ethics complaint.

    Do think I have a case?"

    Similar Threads:
    Inspection Referral

  2. #2
    Ted Menelly's Avatar
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    Default Re: ethics issue?

    Quote Originally Posted by John Dirks Jr View Post
    I copied this question from elsewhere on the web. I was wondering how you all might respond to something like this.

    I received this e-mail today. Feel free to send your advice to him.

    "I am a PA Home Inspector, Been in Business for 14 years.

    Recently, I was contacted by a client to schedule a home inspection.

    We called the Listing Agent for access to the home.

    The Listing Agent denied us access - stating we are "deal Killers"

    The buyer was forced to hire a "less competent" home inspector.

    I am considering filing an Ethics complaint.

    Do think I have a case?"
    File away. The agent cannot refuse the client a home inspection unless it was stipulated in the offer contract to purchase. If they have a clause allowing a home inspection they have the right to chose any inspector they wish...meaning you or any other "deal killer". Tell your client exactly what is going on and have the buyer beware that the Realtor is trying to hide things with a known softer report and inspection.

    Unless you are a criminal and always cause damage and or steal things from homes you inspect


  3. #3
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    Default Re: ethics issue?

    I guess you could file an ethics complaint. Not sure how that works in your state. The RE will of course deny it but he cost you work so screw him. I might or might not, depends.
    I would have not let him get away with it in the first place though. I would have explained to the client that the RE's position is unethical and probably illegal. They should talk with their attorney. Then I would have sent a hailstorm of emails to the agents broker, every agent in that office and the local RE board 'expressing my concern' about such comments. Noting that it must be a mistake on the agents part, he must be new, he surely would not want to commit such a horrid violation on purpose? It's amazing how fast response time is when you document and distribute someone's bad behavior.
    I have to agree with Ted that the RE probably knows the place has issues. I would offer to assist the new HI in this case, 'in order to protect my client'. Write the living crap out of the place.

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  4. #4
    James Duffin's Avatar
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    Default Re: ethics issue?

    I have never had to gain my own access to a property. That has always been arranged for me before I arrive. I have no right to request access to a property since I am not a party of the contract between the buyer and the seller. For all I know there may not be a contract in place so I would be trespassing. That C&P sounds fishy to me.


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    Default Re: ethics issue?

    JAMES

    to addresse your reply. i always contact listing agent and seller to gain access so i am not a trespasser-want them to know i will be there at so an so time--get the biting dog and kids out of the way and if i'm doing radon--please close up house for proper testing. and of course--is water -utilities turned on etc. i leave nothing to buyer agent and client. i am being payed to do job, so i feel i need to set it up. i have found so many times if life, that if you want somrthing done right do it yourself--this is just my MO on doing it. not saying this is how it should be done, just my way

    thanks

    cvf


  6. #6
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    Default Re: ethics issue?

    john

    sounds like your doing your job correctly. same agent would probable change hats if you were their buyers inspector. what do you do--i don't know. is the agent worth the time. writing to her/his broker agent would be just another arrow in your armour. move on and do the best inspetion you can do and clients and agents will come calling

    cvf


  7. #7
    Ted Menelly's Avatar
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    Default Re: ethics issue?

    Quote Originally Posted by James Duffin View Post
    I have never had to gain my own access to a property. That has always been arranged for me before I arrive. I have no right to request access to a property since I am not a party of the contract between the buyer and the seller. For all I know there may not be a contract in place so I would be trespassing. That C&P sounds fishy to me.
    Not exactly true James

    You can ask anyone you want and get permission from anyone who has authority to allow you to schedule an inspection. You have every right in a Real Estate transaction as almost every Real Estate contract has a clause for a home inspection and that be you if you are hired. As fr as who who take some kind of fall if the Parties involved that gave you permission would be those parties. You are protected on both ends. Either you have permission by the contract or if the Realtors involved had no such clause and someone balked it is on them, not you. If not the Realtor then the Broker would cover their but to protect the business they own that the Realtor works thru and screwed up and take care of any (which would more than likely never happen) complaint that arose.

    Myself. I talk to scheduling agencies, Listing agents and buyers agents before I finalize my appointment. I just told a buyer that happens to have the combination to a lock box to inform the agent that he talked to someone that told him of the legal consequences if he were caught going into a home on his own. The buyer says "You don't need to get a hold of the agent. I have the combo"....yeah right. Like I wasn't going to call the agent and scheduling agency. Now he is clearly not in any contract anywhere that gives the permission to enter a home thru lock boxes given to him by his buyers agent. The Agent could lose his license for giving out the combo to a buyer or anyone but another agent or party such as appraiser, inspector and such. Not to mention it is a HUD foreclosure. They are just a little tight on their rules. In the contract the agent is suppose to even be in the home when other professionals are in there. No ifs, ands or buts. Any professional given permission to enter the home thru an agent is covered in pursuit of the sale of the home.....other than the buyer. Funny huh. The one buying the home cannot go in on his/her own....why...liability....ethics and standards.


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    Default Re: ethics issue?

    This is a very interesting. Most of my Termite inspections are set up at the same time the HI is there. The realtor, buyer and sometimes the seller are there. If I also do a Radon measurement I put my own lockbox on the door, with permission, and when I pick up the monitor I put the key back in the Ebox. I do not have an Ekey but do have a HUD key. There are many time an agent will order an inspecxtion or treatment and I use the HUD key to gain access. All of my inspection orders are by email or fax so I have a document to present if I am questioned.


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    Default Re: ethics issue?

    Most of the time the buyer makes the arrangements for getting in. However it isn't uncommon for the buyer to ask me to do it. My schedule is usually a little more complicated than theirs. Buyers ask me to set it up and then call them and let them know when they should take off work to meet at the inspection.
    Doesn't bother me, no big deal. I had to call the RE yesterday to get the code for this mornings inspection.

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  10. #10
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    Default Re: ethics issue?

    Had a similar situation recently; the buyer called me for an inspection we agreed on price and time and he said he would make arrangements for access to the property. I knew the reputation of the broker and had some reservations. Sure enough the buyer calls me back next day says the broker required him to select an inspector from his list and he was going to have to cancel. Didn't matter what I said he was intimidated by the broker. I let it go but was mad as hell. Recently broker lost his fancy Sotheby's franchise, just goes to show "what goes around comes around".


  11. #11
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    Default Re: ethics issue?

    Thomas M. and others,
    Ethics issue, restraint of trade, being stupid.

    It is a contractual issue. If the buyer has a contract that has a contingency based on a Home Inspection paid for by the buyer it is subject to buyer selection is either stated or implied. The key to this is the Buyer paying for HI. Also, if the HI is limited to licensed by state and buyers choice is licensed by that state. Its in the wording. I think this may be a state dependent issue. If the Buyer is paying for the HI, not withstanding any other language in the contingency. Then the seller and/or seller/agent-broker is causing the contract to be breached by active obstruction. It would be a short run to start equating damages that the seller or their agents would be liable for. Not to mention that by breaching the contract the seller would be setting them selves up to litigation preventing them from selling the property for quite a while as the issues are resolved in court. It is hard to believe that any Broker would even remotely suggest this tactic to promote collusion on the part of the agency and the seller considering the legal costs criminal penalties and loss of license that would shut down the brokerage. Unless they by nature are criminal and are attempting fraud.

    Allowing the Buyer to be coerced without putting up a fight on your part, you become complicit in the act. Along with the buyer's agent/broker if they have one. The HI should be a advocate for their client when it comes to this subject. Furthermore I would go after the seller and agent/broker with my own civil case, by god man its your bread and butter that they are messing with, you are also being injured by the agent's/broker's actions. Also, I would also be in touch with the State Attorney General, The Real Estate Commission, Home Inspection commission, State and local Legislators, if a minority the NAACP, TV, Radio, news paper, etc. You probably will find the HI Associations not willing to help much in fear of Realtor reprisal. Go on a Holy Quest to protect the consumer and your self. If you do nothing then you are offering tacit approval of the actions and shame on you.. If nothing else you might get good public exposure for your efforts.

    Any person in the business should get real fired up over this type of action. The pay to play (get on a agents list) has been an issue in courts before. Agent preferred referral list is an ongoing issue. Arguments good and bad. Its hard to be brutally honest and not try to shade the truth if you have to keep an agent pleased. Even if it is only semantics on the HI part. "Depends on the meaning of - "is" " . You by inference have a conflict in duties. Most states restrict the HI from performing repairs for the client during the year following the inspection. Good idea, keep people honest. Should be extrapolated across all facets of the real estate industry. Since to many people will look out for their interests at the expense of others, especial in the world of sales.

    In most states the Real Estate Agent/Broker have a fiduciary duty to the seller irrespective of the buyer. Meaning the Buyer's agent is working for the seller, the Buyer's agent's broker is working for the Seller; even if the Seller's and Buyer's brokers are different companies. Only sepperated if there is an agency created by contract between the Buyer and the Agent/Broker. Sad to say. To many people either do not know this or do not understand the ramifications.


  12. #12
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    Default Re: ethics issue?

    I'd spend my time doing something useful like marketing instead of getting wrapped up in it

    Pursuing a claim/complaint would just be a bunch of time and hassle with very little to gain. Besides, an agent with that attitude isn't long for the business anyway.


  13. #13
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    Default Re: ethics issue?

    The selling agent gives the buyer a list of three inspectors here. The buyer then decides which one to use. That's it. Thye kisting broker has no say in the decision. The seller can of course have an inspection done by another inspector and compare findings.


  14. #14
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    Default Re: ethics issue?

    Garry, I know what you are saying but in this case the buyer was intimidated by the broker who told him it was against the law for him the choose an inspector that was not on his list. I have been in this business for over 15 years and have learned that even if you are right you can't always win. It is better to let the market weed out these jerks. Remember the home inspection is just a small piece of the real estate pie, the big pieces go to the Realtors; this in itself increases there potential for ethical misconduct. State licensing and organizations like ASHI have done a good job of providing us with ethical standards which ultimately go a long way to protect us as long as we pay attention to them. It isn't worth my time or reputation to go after someone who the real estate community already knows is a crook. I assure you at the time this occurred I would have loved to wring his freekin neck.


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    Default Re: ethics issue?

    jerry

    please reread your last post and edit--it does not make sense, listing agent gives buyer three inspectors and kisting agent.

    i'm sure you erred in typing


    cvf


  16. #16
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    Default Re: ethics issue?

    Sorry something happened to my reply on the way and I did not read it after it posted. I will this time. It should read the following.


    The selling agent gives the buyer a list of three inspectors here. The buyer then decides which one to use. That's it. The listing broker has no say in the decision. The seller can of course have an inspection done by another inspector and compare findings.


  17. #17
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    Default Re: ethics issue?

    Quote Originally Posted by Jerry Martin View Post
    The selling agent gives the buyer a list of three inspectors here. The buyer then decides which one to use. That's it. Thye kisting broker has no say in the decision. The seller can of course have an inspection done by another inspector and compare findings.
    What Jerry said is the same here in Washington State - selling agent gives a list of no less than 3 inspectors and the client decides on one of the three or picks their own.


  18. #18
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    Default Re: ethics issue?

    jerry and jim

    don't you mean buyers agent?? gives you 3 inspectors

    to have seller agent give you inspectors ? no way if i was buyer would i approve that

    cvf


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    Default Re: ethics issue?

    listing agent represents the sellers
    selling agent represents the buyers

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  20. #20
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    Default Re: ethics issue?

    excuse me

    but a listing and selling agent represent the seller--they are the same

    they should not be telling the BUYER what inspector to use


    cvf


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    Default Re: ethics issue?

    Quote Originally Posted by CHARLIE VAN FLEET View Post
    excuse me

    but a listing and selling agent represent the seller--they are the same

    they should not be telling the BUYER what inspector to use


    cvf
    I can't speak for Colorado, but everywhere else:

    The listing agent represents the seller
    The selling agent represents the buyer

    and they are normally not the same agent.

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  22. #22

    Default Re: ethics issue?

    I can't speak for Colorado, but everywhere else:

    The listing agent represents the seller
    The selling agent represents the buyer

    and they are normally not the same agent.
    Same here. Threw me for a loop for a while as well.
    Buyers agent/ selling agent (sell the house to their client is how I remember) = same thing.
    Listing agent/ sellers agent= same thing.


  23. #23
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    Default Re: ethics issue?

    A real estate agent lists the house and puts it in the MLS. Here they are known as the Listing Agent.

    Another agent shows the house to a prospective buyer. The buyer never sees the Listing Agent. Meanwhile the agent who shows the house is doing all the work to sell the house and is known as the Selling Agent here.

    It is just a difference in terms but we are talking about the same thing.

    The agent who shows the house and does all the work to sell it is the one who gives his buyer, who he is trying to sell the house to, the list of three inspectors in each field. The buyer, who is buying the house from the agent who showed it to him/her chooses from this list or can look in the Yellow Pages or elsewhere to hire whoever he/she wants. If any real estate agent tells a buyer he/she has to use any particular inspector that is a violation of the Real Estate laws in NC and can be charged with a criminal and/or civil charge.


    ps. A buyer's agent in NC is one who has a prospect sign a contract with them to be their buyer's agent and the prospective buyer pays all commisions whether their buyer's agent shows it to them or it is a FSBO that the buyer found on their own.


  24. #24
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    Smile Re: ethics issue?

    Ok folks, Sorry for such a long post. It is somewhat confusing due to HI from different states. My state is Maryland and I would like understand what HI from other states have to deal with. (( might like to move there some day ))

    Basic understanding of terms:
    Seller's Listing Brokerage = Seller's Listing Agent = can also be Buyer's Brokerage

    Listing Brokerage can have a Listing Agent and also Buyer's Agent at that Brokerage.

    Listing Agent = Sellers Agent = can also be Buyer's Agent

    Buyer's Agent =Selling Agent = can also be Listing Agent

    Brokerages and agents can represent both buyer and seller. It is the best deal for the Brokerage and Agent since the commissions paid are higher since there is fewer splits among the brokers and agents. Note: It is possible to have two Brokers and two or more agents within the same company.

    Most people in Maryland do not understand the relationships between the brokerages and agents involved in real estate exchanges to the buyer and seller. Agents do not explain to buyer's what the law states as the agents duties and responsibilities. If they did buyers and sellers might not be like sheep that are herded along. Trusting that the people are telling them the whole truth and not trying to just make a sale.

    In Maryland Real Estate Law all brokerages and agents are responsible to act in the best interest of the Seller. In fact they all work for the Seller who is paying the commissions for the sale. The only way around this is for the agent to create a separate contractual entity for the buyer that makes the Agent responsible to the Buyer and only the Buyer. This makes the Agent exclusive to the Buyer.

    Now I have a question for those not in Maryland.
    What is your state's law in this area?

    Check what your state actual states by law for the broker and agents as to what their legal responsibility between the buyer and seller. With whom are their first duty to represent in the sale and who do they actually work for by law.

    Maryland Real Estate Law when dealing with brokerage/agent license are highly influenced by the state Realtor Organization since they control the MLS services a lot of members and a lot of money.

    1) I also would like to understand if the, Buyer's or Seller's, agents are requires to offer to the Buyer a list (of at least 3) licensed (if state required) Home Inspectors?
    2) Which agent is to provide the list?
    3) Is there a requirement that the Buyer is limited to choose from that list proffered by the agent?
    4) Who pays for the inspection if the inspector is from the list provided?
    5) Does the Buyer have the option to reject the list provided and select a HI of their choice and have that inspection report be the one that is used for meeting the contingency that is in the Sales Contract.
    6) Is it a standard practice for Sales Contracts ( in your state) to include a contingency for canceling the contract after the buyer has received the inspection report without seller recourse.


    Thanks to all that reply. Garry


  25. #25
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    Default Re: ethics issue?

    1) I also would like to understand if the, Buyer's or Seller's, agents are requires to offer to the Buyer a list (of at least 3) licensed (if state required) Home Inspectors?
    2) Which agent is to provide the list?
    3) Is there a requirement that the Buyer is limited to choose from that list proffered by the agent?
    4) Who pays for the inspection if the inspector is from the list provided?
    5) Does the Buyer have the option to reject the list provided and select a HI of their choice and have that inspection report be the one that is used for meeting the contingency that is in the Sales Contract.
    6) Is it a standard practice for Sales Contracts ( in your state) to include a contingency for canceling the contract after the buyer has received the inspection report without seller recourse.
    1). In Minnesota there is no legal requirement for any agent to provide a list of home inspectors. However, many brokerages have the policy that if a home inspector is suggested there will be a list of at least three inspectors.
    2). Doesn't apply since a list isn't required by law, but normally the clients agent will provide the list.
    3). No
    4). Generally the client will pay for the inspection, but I've seen cases where the seller agrees to pay but the buyer still chooses the inspector.
    5). Yes
    6). Yes

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  26. #26
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    Default Re: ethics issue?

    Ken's answers are similar for California.

    Occasionally I run into what is locally known as a "double-ended" deal, whereby the agent acts for both the seller and buyer (not to be confused, but may have similar consequences, to a "dobbelganger" - i.e. someone who sees their own ghost). Experience over the years as shown me that these inspections ultimately end up as a negative deal for my business. Despite my insistence that the agent clearly spells out (especially when they want to pay for the inspection) in writing as to who my client is to be, the agent cannot act completely without bias, thus you will ultimately only do one inspection for this agent. Basically, this becomes a loose-loose situation for the HI.

    My wife, has been a real estate agent for many, many years. She has had many opportunities to "double-end" the deal, but she has always passed it over to another agent (the rule-of-thumb in the area is she can get a 20% finders fee). She always discusses the matter with her broker prior to making an agent choice - it becomes the brokers choice to use in-house agents or not. For her it is less work and no conflict of interest.

    All the best - Richard


  27. #27
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    Post Re: ethics issue?

    There are typically two principals in a property sale: the seller, and the buyer. Any agent that is not acting in the best interest of the principal risks liability for damages. It sounds like this particular real estate agent is likely violating the agency agreement, violating the buy-sell agreement, and so forth. At the immediate instance this kind of thing happens, immediately turn to your client, and advise them to contact their attorney post-haste.

    Randall Aldering GHI BAOM MSM
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  28. #28
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    Default Re: ethics issue?

    Quote Originally Posted by CHARLIE VAN FLEET View Post
    jerry and jim

    don't you mean buyers agent?? gives you 3 inspectors

    to have seller agent give you inspectors ? no way if i was buyer would i approve that

    cvf
    Here in Washington State, the agent that lists the house for sale and puts it on the MLS is called the "Listing Agent". The Agent that brings in a buyer and "SELLS" it to that buyer is called the "Selling Agent."

    Basically, the buyers agent and the selling agent is the one in the same.


    BTW, NO agents tell me how to do my job or write my reports - some try to sugar coat everything while I am going over the report with the buyers, but I am always direct and to the point and I don't mix words - it is what it is....The agents I don't hear from again I don't want to be involved with anyway cause there's no difference between them and deceptive slimey used car salesmen!


  29. #29
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    Default Re: ethics issue?

    Quote Originally Posted by Garry Sorrells View Post
    Ok folks, Sorry for such a long post. It is somewhat confusing due to HI from different states. My state is Maryland and I would like understand what HI from other states have to deal with. (( might like to move there some day ))

    Basic understanding of terms:
    Seller's Listing Brokerage = Seller's Listing Agent = can also be Buyer's Brokerage

    Listing Brokerage can have a Listing Agent and also Buyer's Agent at that Brokerage.

    Listing Agent = Sellers Agent = can also be Buyer's Agent

    Buyer's Agent =Selling Agent = can also be Listing Agent

    Brokerages and agents can represent both buyer and seller. It is the best deal for the Brokerage and Agent since the commissions paid are higher since there is fewer splits among the brokers and agents. Note: It is possible to have two Brokers and two or more agents within the same company.

    Most people in Maryland do not understand the relationships between the brokerages and agents involved in real estate exchanges to the buyer and seller. Agents do not explain to buyer's what the law states as the agents duties and responsibilities. If they did buyers and sellers might not be like sheep that are herded along. Trusting that the people are telling them the whole truth and not trying to just make a sale.

    In Maryland Real Estate Law all brokerages and agents are responsible to act in the best interest of the Seller. In fact they all work for the Seller who is paying the commissions for the sale. The only way around this is for the agent to create a separate contractual entity for the buyer that makes the Agent responsible to the Buyer and only the Buyer. This makes the Agent exclusive to the Buyer.

    Now I have a question for those not in Maryland.
    What is your state's law in this area?

    Check what your state actual states by law for the broker and agents as to what their legal responsibility between the buyer and seller. With whom are their first duty to represent in the sale and who do they actually work for by law.

    Maryland Real Estate Law when dealing with brokerage/agent license are highly influenced by the state Realtor Organization since they control the MLS services a lot of members and a lot of money.

    1) I also would like to understand if the, Buyer's or Seller's, agents are requires to offer to the Buyer a list (of at least 3) licensed (if state required) Home Inspectors?
    2) Which agent is to provide the list?
    3) Is there a requirement that the Buyer is limited to choose from that list proffered by the agent?
    4) Who pays for the inspection if the inspector is from the list provided?
    5) Does the Buyer have the option to reject the list provided and select a HI of their choice and have that inspection report be the one that is used for meeting the contingency that is in the Sales Contract.
    6) Is it a standard practice for Sales Contracts ( in your state) to include a contingency for canceling the contract after the buyer has received the inspection report without seller recourse.


    Thanks to all that reply. Garry
    #1.Washington State - Selling Agent aka. Buyer's Agent are required to provide a list.
    #2 Selling Agent aka. Buyer's Agent provides the list.
    #3 No requirement - Buyer free to use any inspector they choose.
    #4 95% of the time the Buyer Pays for the Inspection. Once in a while the Selling Agent aka Buyer's Agent ponies up the fee.
    #5 YES.
    #6 YES. Purchase and Sale Agreement is null & void if an inspection contingency (Form 35) is part of the Purchase and Sale Agreement and the inspection results are not something the Buyer wants to deal with.


  30. #30
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    Default Re: ethics issue?

    Additional question,
    7) Is the Buyer's agent first duty (by state law) to act in the best interest of the Seller?? The wording may be different but the idea is that since the seller will be paying the commission then all agents are working for the seller. Except when an agency is created by contract between the agent and Buyer

    Last edited by Garry Sorrells; 11-07-2010 at 06:47 AM.

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    Default Re: ethics issue?

    Quote Originally Posted by Garry Sorrells View Post
    Additional question,
    7) Is the Buyer's agent first duty (by state law) to act in the best interest of the Seller??
    Hi Garry. No, not necessarily. The buyer and his/her agent can go look for a better house, right? That is the way I like to see things go here, anyway.

    In the case of the OP, the buyer's agent should stand up for his client's right to bring in any inspector they want. If this is not happening, the buyer should shop for a new agent.
    Maybe the listing agent was double-ending this deal. In that case, the buyer may have gotten jerked around, paid for a 'soft' inspection report and then paid, between him and the seller, a double commission to the agent. Sheesh, what a racket.

    In this market, home buyers should realize they hold the purse strings and they have rights. The best one is the right to walk
    away.

    I should say that I see double-ending, (listing agent acting for the buyer as well as the seller,) a few times a month around here.
    It does not have to be a negative experience for the buyer. For one thing, they've hired me for their inspection, and I am going to ignore any outside influence and give them the straight goods on what they may be buying. Sometimes the realtor tags along and that makes me wonder how they will maintain integrity by eavesdropping like that. It is not my problem, so I just concentrate on the home and my client the home buyer.
    Are double-ending realtors a negative for the inspector? Maybe some realtors will avoid me, but the respectable ones will refer future business my way, after they see the happy clients.

    Last edited by John Kogel; 11-07-2010 at 01:39 PM.
    John Kogel, RHI, BC HI Lic #47455
    www.allsafehome.ca

  32. #32
    Join Date
    May 2009
    Location
    Washington State
    Posts
    358

    Default Re: ethics issue?

    Quote Originally Posted by Garry Sorrells View Post
    Additional question,
    7) Is the Buyer's agent first duty (by state law) to act in the best interest of the Seller?? The wording may be different but the idea is that since the seller will be paying the commission then all agents are working for the seller. Except when an agency is created by contract between the agent and Buyer
    Buyer's Agent aka Sell"ing" agent has no responsibility to the Sell"er." The Listing Agent is comitted to the Seller/Owner. Comissions to both the Listing Agent and the Buyer's aka Sell"ing" agent are paid by the sell"er."
    There is a seldom-used exclusive agency agreement, but good luck getting a buyer to sign it and pay you a comission if you find him/her a home and they let their "UNCLE BOB" write up the Purchase and Sale Agreement even though you did all the footwork !!!


  33. #33
    Gary Winfield's Avatar
    Gary Winfield Guest

    Default Re: ethics issue?

    I normally just read and very rarely reply to a post. However, this hit a nerve. I had been attempting to get a realtors business for over 6 months. He called and finally gave me an inspection. When I got there he asked me if I would leave the basement off of my inspection report. (odor, dampness moisture on walls.) He said FHA would not approve the loan if the basement was part of my report. I shook his hand and told him to find another inspector for the job. This realtor has closed over 90 homes this year. I hated that I could not do business with him. Some less competent inspector will do that inspection for him. In your case, you are not the deal killer. Just like in my scenario, the realtor killed that deal. Just remember "we report, they decide". You don't need that realtor. Move on and go to your next inspection.


  34. #34
    Join Date
    Nov 2009
    Location
    St Paul, MN
    Posts
    1,628

    Default Re: ethics issue?

    Quote Originally Posted by Gary Winfield View Post
    I normally just read and very rarely reply to a post. However, this hit a nerve. I had been attempting to get a realtors business for over 6 months. He called and finally gave me an inspection. When I got there he asked me if I would leave the basement off of my inspection report. (odor, dampness moisture on walls.) He said FHA would not approve the loan if the basement was part of my report. I shook his hand and told him to find another inspector for the job. This realtor has closed over 90 homes this year. I hated that I could not do business with him. Some less competent inspector will do that inspection for him. In your case, you are not the deal killer. Just like in my scenario, the realtor killed that deal. Just remember "we report, they decide". You don't need that realtor. Move on and go to your next inspection.
    Here in MN, FHA would never see my inspection report. They go off the appraiser's report.

    MinnesotaHomeInspectors.com
    Minnesota Home Inspectors LLC
    ASHI #242887 mnradontesting.com

  35. #35
    Join Date
    Apr 2009
    Location
    Melbourne, FL
    Posts
    180

    Default Re: ethics issue?

    Gary, you need to report that Realtor to his board what he did amounts to fraud!


  36. #36
    Join Date
    Dec 2008
    Location
    Maryland
    Posts
    2,778

    Default Re: ethics issue?

    Gary,
    Let me pref-is my post. Some plain speech. Not to be angry, hurtful or condescending. Just pragmatic (for the most part). Though a little soap boxy.

    There are those (to many) that refuse to get involved when the see something wrong. Rationalizing how to not getting involved and taking no action is ethically and morally wrong. If this Realtor was willing to pay you for falsifying your report to defraud the FHA and others involved in the purchase and mortgage you should take action. If the Realtor asked you then most likely not the first. 90 in one year times how many years? How many of the sales was there fraud involved ? If any, then there has been ongoing fraud possibly for years. Either you are part of the fraud or not. By doing nothing your are approving and promoting the activity. You make yourself an accessory to the crime. I would urge you to get involved and take action. Are you part of the problem or part of the solution ? You may not effect great changes from your efforts. The best buildings are still built one brick at a time. The greater failures in life are those things not attempted.

    Reasons to take no action. Anyone want to add to list ?
    Not my problem, not personalty responsible, no monetary profit for me, will not have any immediate benefit for me, I was taught not to be a tattle tale, doesn't effect me directly, just not practical, have better things to do with my time, have more important things to do, do not know where to start, not sure who to report to, will just wait till someone else reports problem, I do it right and I am only concerned with what I do, not responsible for real estate industry, Home Inspections are just a small part of the Real Estate industry, efforts have failed in the past, nothing ever happens, afraid of retaliation, afraid that I will get negative comets by others, do not want to be a snitch, -----------------.

    Last edited by Garry Sorrells; 11-09-2010 at 08:04 AM.

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