Thread: Home Access

In a foreclosure situation, who do you feel is responsible for opening the house to give the HI access? The seller's agent and the buyer's agent are each 30 miles from the property and neither wants to make the drive. Go Figger!!!
The math seems simple. No inspection=no sale. No sale=no commissions.

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The agents need to work out the access issue. Like you said, no inspection = no sale, no sale = no commission.

I thought you TX inspectors had Supra keys.

Originally Posted by Don Schlecht

In a foreclosure situation, who do you feel is responsible for opening the house to give the HI access? The seller's agent and the buyer's agent are each 30 miles from the property and neither wants to make the drive. Go Figger!!!
The math seems simple. No inspection=no sale. No sale=no commissions.

Around these parts, foreclosure listings are on a multi-code or combo-box, as apposed to a Supra Key box. Someone will always gladly give me the code to avoid the drive.

Otherwise, like others have stated, let the buyer know and have him sort it out with the agents.

Dom.

Generally,

The buyer's agent is responsible for arranging and securing access on behalf of the buyer. The buyer needs to be on top of this and if a true buyer's agent then the agent on behalf of the buyer, to memorialize all efforts to timely exercise the inspection clause and if necessary to justify recinding the offer with no liability due to due dillegance interferance/non-cooperation with all earnest/escrow funds returned in a timely manner.

If the buyer's agent got access to see the property without the seller's agent being present, the buyer's agent should be doing the same for the home inspection.

Buyer doesn't close, buyer's agent doesn't get paid. Buyer can seek new agent and brokerage, and shop properties the current buyer's agent hasn't shown and buyer's agent still doesn't get paid, even the usually lesser measly commission percentage with worse unequal splits. Buyer can call broker and ask for broker's assistance if necessary.

Time of the essence if property is under contract. If you're worried about getting in the middle of a legal battle due to agent's non-performance or interferance, down the road, decline now, before contracting with buyer, and/or make clear in contract what cancellation fees, wait time and no-show charges will be should scheduled inspection not begin on time, and secure deposit or payment and signed contract in advance of booking.

How things might work or not work in TX, you might consider calling TREC and speaking with a staff attorney.

P.S. I assume this is an REO, since in this market I cannot imagine a buyer paying an option fee for a short sale or actively in-foreclosure listing, or in the current market messing with one esp. with multiple liens.

I seldom rely on agents to open the house for me. I'll generally get the combo from the listing agent after the inspection is booked. I'd bet I do less than 5 inspections a year that the agent wouldn't give me the combination for. I also carry my own Supra Key.

Originally Posted by Don Schlecht

The math seems simple. No inspection=no sale. No sale=no commissions.

That door swings both ways. No inspection = no income for inspector. How far is one willing to take that? To the point of turning down business?

Thank you for your comments. Good sense prevailed and the house will be opened for the inspection.

I believe making the house available for inspection is the responsibility of the listing realtor just as making certain the utilities are turned on.

Others may think otherwise. Thanks again for your comments.

We as home inspectors are not cold calling people to ask if we can come inspect their house. People contact us. They want us to come perform the inspection. It is up to somebody on the client's end (ie - their agent or somebody who lives in the house) to ensure access. Sure, we want do the inspection but we're not the ones who initiated the process.

Wow... if I were a buyer and caught wind of this I'd be freaking angry..... talk about poor customer service.

In my area it's the buyer's agent that opens the door most times. Sometimes I'll get a combo box code or a key under the mat. Occasionally, a listing agent will do it if the other agent can't make it.

I can't believe they let you know neither one want to do it.

Originally Posted by Don Schlecht

Thank you for your comments. Good sense prevailed and the house will be opened for the inspection.

I believe making the house available for inspection is the responsibility of the listing realtor just as making certain the utilities are turned on.

Others may think otherwise. Thanks again for your comments.

Combo?????

Hud Key?????

Supra key?????

Why would you want to rely on anyone to open the home for you. I do not know of any inspector I have talked to in TX that does not have a Supra Key, or that does not call the listing agent or CSS, depending on the situation of the home, to get the combo, or that does not have a hud key that you can get from any of the Hud handlers in TX as you are a licensed home inspector.

You are the one scheduling the inspection. On a rare occasion the listing agent may have to be called to schedule the inspection but you are still going to get a CBS or combo from them.

Originally Posted by Ted Menelly

Combo?????

Hud Key?????

Supra key?????

Why would you want to rely on anyone to open the home for you. I do not know of any inspector I have talked to in TX that does not have a Supra Key, or that does not call the listing agent or CSS, depending on the situation of the home, to get the combo, or that does not have a hud key that you can get from any of the Hud handlers in TX as you are a licensed home inspector.

You are the one scheduling the inspection. On a rare occasion the listing agent may have to be called to schedule the inspection but you are still going to get a CBS or combo from them.

Must be a Texas thing. Agents open houses around here. I've gone 7+ years with no Supra access and had no access problems.