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  1. #1
    Join Date
    Aug 2007
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    Memphis TN.
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    Default Nothing to Disclose

    Home built in 1942, Buyer,Buyer's Agent on site.

    I ask to see Sellers Disclosure.( Roof New.)

    Listing Agent walks in "There's nothing really to disclose." "Yeah the Roof is NEW I think Maybe a year old." Pointing at me He should be able to tell you if there is a problem.

    Appliances "I think they are Pretty New." "He should be able to give you an estimate on the age.Pointing in my direction again."

    Condenser 99, Furnace 97, WH 92.

    Water stain in living room reading 16 to 18 percent on the moisture meter.

    Squeezing back out of an enclosed area in the attic with water on my fingers and pictures of the active leak, buyer's Agent on the phone with Listing Agent.

    Oh he said he had the Roofers out here 2 weeks ago to fix that and he'll send them back.

    My guess would be with more clear SILICONE.

    I'll write the Report Tonight and I have some things to Disclose!

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    Billy J. Stephens HI Service Memphis TN.

  2. #2
    Join Date
    Mar 2007
    Location
    Connecticut
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    Default Re: Nothing to Disclose

    I would call the manager of the listing agents office and let them know that you will be callling the state consumer affairs board on the tactics of the broker and their office. This is improper and pitiful practice and we se it every day.
    When a listing broker tells me that I ask her if she is willing to pay for anything I find that should have been disclosed. Like a leaking roof that was supposedly fixed.So they leave in a huff. 1st problem solved. Then I tell my client that this will take a little longer that usual due to the fact that now I cannot trust the listing broker or the homeowner.


  3. #3
    Join Date
    Aug 2007
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    Memphis TN.
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    Default Re: Nothing to Disclose

    Thanks Wayne,

    First I'm working on the Remove, Replace, Repair list I'm sure He'll see.

    It Might have Choked Artie But it ain't gone'a choke Stymie! Our Gang " The Pooch " (1932)
    Billy J. Stephens HI Service Memphis TN.

  4. #4
    Join Date
    Mar 2007
    Location
    Dallas, Texas
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    4,112

    Default Re: Nothing to Disclose

    Wayne, have you ever been able to trust the listing broker or homeowner?

    Then I tell my client that this will take a little longer that usual due to the fact that now I cannot trust the listing broker or the homeowner.
    I should have been born in Missouri, you know, "the Show-Me State". I trust people, except when there is a profit to be made by deceiving me.

    Jim Luttrall
    www.MrInspector.net
    Dallas, Texas

  5. #5
    Richard Rushing's Avatar
    Richard Rushing Guest

    Default Re: Nothing to Disclose

    When they (listing agents) at start the pointing of the finger and saying something like, "He should be able to tell you...", I cut them short and not let them finish their statement by me telling the buyers something like;

    "I'm not the seller or the listing agent! I don't do disclosures. I'm here to look after (you-- pointing at the buyer) the buyers interest and not hide anything from them. When I find issues that should have been disclosed prior to the inspection, that often leaves a bad taste in the mouth of the buyers when they feel that important information was knowingly withheld.-- Whith that said, I'm here to do my inspection, irrespective of whether or not there is an accurate disclosure."

    You can usually hear a gnat fart from the back bedroom after that statement (due to the silence).

    Always shuts-up the realtor...

    Rich


  6. #6
    Join Date
    Mar 2007
    Location
    Oregon
    Posts
    2,365

    Default Re: Nothing to Disclose

    Luckily, situations like the one described are pretty rare.... at least in comparison to the overall number of inspections done.

    It's amazing there are still brokers out there taking this path. Life is just so much easier if/when it's met head-on.

    Statistically speaking I've had more situations like this since the market tanked.... there are some hungry agents out there.... hungry enough to throw ethics out the window.


  7. #7
    Join Date
    Oct 2003
    Location
    Rockwall Texas
    Posts
    4,517

    Default Re: Nothing to Disclose

    Ethics?

    I had an agent tell the client the other day not to worry about the condensing unit not working that they could call the Home Warranty people out after they got moved in and could get it replaced for the 75. service call.

    That now really pizzzes me off.

    You know when that happens, the HW people want to put the blame back on the HI for not calling it out supposedly or missed something on the report about it.

    Needless to say, I called the broker that represented this agent and had a great discussion on the matter.

    rick


  8. #8
    Join Date
    Mar 2007
    Location
    Austin, TX
    Posts
    375

    Default Re: Nothing to Disclose

    Quote Originally Posted by Rick Hurst View Post

    I had an agent tell the client the other day not to worry about the condensing unit not working that they could call the Home Warranty people out after they got moved in and could get it replaced for the 75. service call.


    rick

    Yeah Rick, I've had a similar experience with the agent telling the client something to that effect. I told the client that the warranty company will more likely come out and tell them that since the unit was not maintained properly and since my inspection report listed it as in need of repair that they will not cover the cost and will still stick the client with the service call fee.

    The agent stood there looking like a kid who was about to get a spanking.

    Every time I hear an agent mention Home Warranty Company I cringe because they act like it is the cure all for any situation in any home regardless of the condition of the various systems.


    Eric


  9. #9
    Richard Rushing's Avatar
    Richard Rushing Guest

    Default Re: Nothing to Disclose

    I just flat-out tell everyone in the room that:
    "That's not how it works! The Home Warranty company has this little phrase they like to use to keep from paying out claims that are not a true claim.... it's called a 'pre-existing condition'. This one will fall into the category of 'not a true claim' but instead, it would be considered a 'pre-existing condition'."

    I then go on to explain that this one will end up coming out of someone's pocket and it ainna goinna be me...

    Rich


  10. #10
    Richard Stanley's Avatar
    Richard Stanley Guest

    Default Re: Nothing to Disclose

    I never read disclosures or previous inspection reports.


  11. #11
    Join Date
    Mar 2007
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    Ormond Beach, Florida
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    Default Re: Nothing to Disclose

    Quote Originally Posted by Richard Stanley View Post
    I never read disclosures or previous inspection reports.
    I did ... gave me something humorous to think about as I did my inspection - some were the funniest things.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  12. #12
    Join Date
    Aug 2007
    Location
    Memphis TN.
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    Default Re: Nothing to Disclose

    Quote Originally Posted by Richard Stanley View Post
    I never read disclosures or previous inspection reports.
    Richard,

    Brick veneer, Aluminum Siding, Wood Double hung windows(original to 1942 House).

    Everything but what should have been painted brick,siding had a fresh coat of paint.

    Painted over rotten wood shutter by front door.

    Permit pulled in 2000 kitchen Remodel.

    Did I mention the crawl? Or the no name model # gas logs with chimney blocked?

    Hopefully the short time I had with the Client they learned not to believe everything they were being told about the transaction.

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    Billy J. Stephens HI Service Memphis TN.

  13. #13
    Richard Rushing's Avatar
    Richard Rushing Guest

    Default Re: Nothing to Disclose

    Oooh... can you say, "lead-paint"?

    RR


  14. #14
    Join Date
    Aug 2007
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    Memphis TN.
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    Default Re: Nothing to Disclose

    Quote Originally Posted by Richard Rushing View Post
    Oooh... can you say, "lead-paint"?

    RR

    Nope IT"S EXCLUDED!!!

    And the reason the windows have not rotted out.


    Last edited by Billy Stephens; 02-16-2008 at 07:36 AM. Reason: Reason
    It Might have Choked Artie But it ain't gone'a choke Stymie! Our Gang " The Pooch " (1932)
    Billy J. Stephens HI Service Memphis TN.

  15. #15
    Join Date
    Mar 2007
    Location
    Georgetown, KY
    Posts
    536

    Default Re: Nothing to Disclose

    From a recent report where the agent said, "don't worry, the home warranty will cover it!" Same thing I told buyer and agent on site.

    ==========

    In addition, you need to be aware of a growing trend for home warranty companies to request a copy of the home inspection report and repair receipts showing that the appliance you are seeking repair on was in good working condition at the time the warranty was issued. If the home inspection report recommends repairs and you can't show that the repairs were done prior to issuance of the warranty policy, they usually decline any coverage considering it a fraudulent claim.

    Erby Crofutt, Georgetown, KY - Read my Blog here: Erby the Central Kentucky Home Inspector B4 U Close Home Inspections www.b4uclose.com www.kentuckyradon.com
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  16. #16
    Join Date
    Oct 2003
    Location
    Rockwall Texas
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    Default Re: Nothing to Disclose

    Great comment Erby.


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