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  1. #1
    Ted Menelly's Avatar
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    Default Using previous Report

    I got a call at the end of last week, yesterday and now tonight that the buyers are going with the previous inspection report that is attached to the disclosure.

    This is obviously putting a damper on things. Last week was also a scheduling nightmare where all my inspections moved at least once and in 2 instances moved or rescheduled twice.

    The Agents are telling the folks that an inspection has already been done and they can just go over that one. If I were to pay for a home inspection and then it was literally attached to the sellers disclosure for anyone or number of people to use and view with out them having to pay for it I would be pissed.

    At the bottom of my reports on the state contract page it states perfectly clear that

    "
    NOTICE: THIS REPORT IS PAID FOR BY AND PREPARED FOR THE CLIENT NAMED ABOVE.


    This report is not to be passed off to anyone besides the named client for any reason other than negotiating repairs on the property in question for the named client or securing the named clients financing."


    Things are just starting to get me a little bothered.

    Just need to vent


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    Last edited by Ted Menelly; 04-15-2009 at 08:25 PM.
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  2. #2
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    Default Re: Using previous Report

    I guess your liability on that one is now zero. Sometimes you just gotta shrug and walk away.


  3. #3
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    Default Re: Using previous Report

    Ted, my report states basically the same thing, I also state that if passed on to a another party I am no longer held liable for any actions brought on by the third party. I haven't had it happen yet but I know the day will come.


  4. #4
    Ted Menelly's Avatar
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    Default Re: Using previous Report

    Quote Originally Posted by Brent Simmerman View Post
    Ted, my report states basically the same thing, I also state that if passed on to a another party I am no longer held liable for any actions brought on by the third party. I haven't had it happen yet but I know the day will come.

    My thing is the damn realtors are telling their clients that there was already a report done on the property so why spend money when not necessary.

    I hope those three homes are falling down and the Realtors get hung with "well , you told me I did not need one because an inspection was already done"

    Not to mention. Those three homes that I am now not doing, with termite and home inspection, is about a 1,000.00 I am now not collecting in these hard times.


  5. #5
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    Default Re: Using previous Report

    I agree with others about the third party thing.... it's in my report, contract, etc.

    As for the point of your post, Ted.... I have the same junk happening. It seems that our cancellation rate is running about 25% - Either held up by bank/foclosure things or people lose their jobs in the 11th hour of their purchase.

    It's rough out there no matter how you slice it. We had a decent March but I think a lot of that was people trying to close in time to file for the $8K buyer's credit on their 08 taxes. We're pretty slow again. Better than the winter but it's just spotty.


  6. #6
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    Default Re: Using previous Report

    Mine now states in bold print on my cover page:

    " Attention all 3rd party buyers (meaning you didn't pay for this report), if your agent is suggesting that you use this report and not get your own inspection report to represent your best interest, Find yourself another Realtor as soon as possible."


  7. #7
    Richard Moore's Avatar
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    Default Re: Using previous Report

    Ted, maybe the three homes that you didn't get to inspect were "Move-In-Certified"?

    Home Buyers
    Advantages of buying a home that has been Move In Certified:

    • The inspection is done already and hosted online at xxx.xxxxxxxx
    • The inspection is paid for by the seller.
    • etc,etc
    Nothing there to encourage a buyer to get his own, truly independant, inspection. Well, aside from common sense! So, while this scheme may bring in more work for some, it seems likes it's taking it away from others like you.

    From the Inspectors page of the same site...(my bold)

    The liability of the inspector is reduced by putting more time between the date of the inspection and the move-in date of the buyers. Reduced? Really?
    The liability of the inspector is reduced because the inspector's clients are not buying the properties inspected, but rather moving out of them. ??? Ummm...see first quote box.
    The buyer might insist on hiring the seller's inspector to produce a fresh report since the seller's inspector is already familiar with the home. Good luck with that!


    Last edited by Richard Moore; 04-16-2009 at 12:35 AM.

  8. #8
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    Default Re: Using previous Report

    I had an inspection a few weeks ago. The client and their agent pulled up in different cars but at the same time. The RE jumped out of her car and hustled up to me before the client could get near and said, " the contract has already been signed so the inspection doesn't matter".

    During the inspection the agent followed the client around talking about what a great first time buyer home it was. the truth is, it was a rotten(literally) POS and I wrote the living daylights out of it.


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    Default Re: Using previous Report

    Richard, did you really get that psycho babble off of some guy's site? Please tell me you made that up as a joke.
    If it's for real, I wonder if the guy is married or closely related to a realtor.
    I don't have problems with realtors passing my reports around because they never want anyone to see mine.
    As far as the comments others have mentioned, I hear that BS regularly. I think as realtors get more and more desperate to get a deal to close so they have a paycheck, the less they actually look out for their clients. Of course it's not like they really looked out for their clients all that much in the first place. From my experience realtors want onsite printed and delivered, checkbox reports that don't slow down the closing.
    Hi's are really slow for me. Making ends meet with the code, court and assessment inspections. The last 3 HI's were all short sales.

    www.aic-chicago.com
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  10. #10
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    Default Re: Using previous Report

    Ted,

    Once you hit the SEND button you report will go to the far corners of the earth and be read by your client (maybe), the agents, the seller, the seller's friends and neighbors, an attorney or two, and other prospective buyers. That is the nature of the business today and you have to factor that in when you calculate your charges. If the report is sent to a gmai1 account, g00gle will open and read the report and keyword it, and save it for the next thousand years.

    There was a TX inspector a couple of years ago who just couldnt stand the idea of non-clients reading his reports. He printed on dark red paper and hand delivered to the client. He is no longer in business.

    In California there is case law now that a third party can rely on a report and sue the inspector. I hope CA inspectors take that into account when they figure what to charge.

    Think of your report as advertising. If you have never had someone say "I called you because I saw one of your reports" then you might consider upgrading your service.

    There are plenty of lousy sample reports out there. Check just about any inspectors website and click on their Sample Report and wince at how much they are not addressing, even in their own pictures. It goes a long way to explaining why folks can get a home inspected for 200 or less in a lot of places.

    TX now has a very high minimum standard. Makes the ashi standard look pathetic. Grounding of appliances. Water heater electrode functionality. Individual elements in electric furnaces. Nailing pattern on shingles. Walk most one story roofs. And inform buyer at the earliest possible time that you are departing from the minimum standard. That means a long explanation in the kitchen, and then a lot more writin' in the report, which as far as I can tell nobody is doing. Except maybe the high-dollar boys.


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    Default Re: Using previous Report

    Your report will be read by many. So much for disclaimers. Get over it.
    Your report if relied on by third parties could be used against you if you negligently misrepresented the property.

    Don't skirt around the Move In Certified issue we all know it is another half ass baked idea by Nachi Nick! Call a spade a spade! Just because its a con game doesn't make it right.


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    Default Re: Using previous Report

    All good points. About the only thing an old inspector boy can do is just do the best job you can for your client. Write the best, to the point and most informative report that you are capable of doing. If you do this then you should have little to no fear of who sees your report.

    On caveat about a third party using your report and it holding up in a court of law. This is true in a few states as it has been tested and case law is present. But, it only holds true for the time and condition of the home at the time of the inspection. Where some folks have gotten screwed is that they were negligent in either their reporting or in their inspection.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  13. #13
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    Default Re: Using previous Report

    When I do a pre-listing inspection, I guess the report gets handed out. I have the wording all over it, but I'm sure some just go with it.

    I was sued by someone that bought a house 2 years after I inspected it for someone else. It did get thrown out, but cost me a bunch just the same. ANYONE can sue ANYONE without a good reason. It may not stick, but they can still go through the motions.


  14. #14
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    Default Re: Using previous Report

    You need to make the agents think twice by making THEM LIABLE for the re-use of the report by another buyer.

    From my old inspection reports: (red text is highlighting the important part, not red in my footer, this was on each and every page)

    ©This report is work product and is copyrighted by the company shown above (INSPECTION SERVICES ASSOCIATES, INC. ) as of the date of this report (date-automatically-went-here). Duplication by any means whatsoever, including sharing access to a protected copy, is prohibited without prior written permission and authorization from the company shown above. Duplication of, use of, or reliance on this report in any way for any purpose whatsoever has the effect of agreeing to the terms and conditions as set forth in the Authorization and Contract for Services, included herewith as numbered pages 3 and 4 of the original report, which are included for the users review, please do so. Unauthorized duplication of, use of, or reliance on this report has the effect of all parties agreeing to hold harmless, individually, jointly, and/or otherwise, this inspector, the Company, their successors and assigns AND IS A VIOLATION OF FEDERAL COPYRIGHT LAWS.

    Let them sweat it and think about THEM 'holding YOU *harmless*' for ANYTHING which might not go real nice and pretty based on ANYTHING in the report.

    That will not stop all of them, but it will make all of them think twice about it.

    I even thought about putting that footer, or those parts of it, in bold red text and underlined, in the footer - just to make sure they read it, but, alas, I never did, and I had no known problems with agents using my reports after I started using that footer on every page.

    It is one thing to say "DO NOT DO IT, DO NOT EVEN THINK ABOUT DOING IT".

    It is another thing to say "IF YOU DO IT, YOU AGREE TO HOLD ME HARMLESS".

    Jerry Peck, Construction / Litigation Consultant
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  15. #15
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    Default Re: Using previous Report

    I think some of you just are not getting it. It does not piss me off so much that someone may look at my report (but it is not for their eyes) It is the fact that realtors are telling there clients that they do not need an inspection because one was just done. Oh yeah, the taking money from my pocket sucks as well.

    I had a mid day inspection today. I got a call from a Realtor from one of the Coldwell Bankers offices. She said she had a client interested and a signed contract on a home I recently inspected and she had a faxed copy of the report and could not read a good portion of the report and could I please email her a copy to give to her client.

    That is the kind of crap I am talking about.

    Raymond

    "get over it my butt" That kind of crap is not ethical in the slightest. You do not just round up a copy of a 1 month plus old report and hand it to your client and tell them they do not need an inspection.

    The idea of disclosing concerns or problems with the home is one thing. Literally attaching the entire report that was created for someone else that paid for that report to hand it out to the next 10 client is absolute bull crap and unethical as hell.

    Here is the freaking kicker. This woman is telling me that her client has already signed a contract on the home. "Oh really I say. Thats funny. The client I did the inspection for happens to be a realtor and the negotiations are still going on with that home. There is in fact a contract still in affect and has not been cancelled yet."

    Can you email me a complete copy of your report so I may give it to my client.

    Sorry John Brown. Sorry Raymond. There is no getting over unethical crap like that.

    This is the forth call I have received in less than a week about various senarios of previous reports.

    The Agents are now going by their new standards where ( I have not read it) the report must be attached to the sellers disclosure. Not just a list of concerns. They are pushing these reports to their clients like free candy to kids and telling the client that they do not need an inspection.

    Enough of that crap. I was in a good mood until that idiot called and said email me a full copy for my client etc etc etc

    Yeah................my ass.


  16. #16
    John Brown's Avatar
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    Default Re: Using previous Report

    Well I certainly wouldnt help a third party on the phone with an unreadable report. Thats just tough. I would be careful about getting too involved in deals. Tortuous interference in a contract and all that. Observe and Report, like the mall cop.

    It doesnt bother me if a report gets passed around.

    Last edited by John Brown; 04-17-2009 at 11:01 PM. Reason: asinine remark

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    Default Re: Using previous Report

    I just got a message today from the listing agent of a property I inspected a month ago for somebody else. The first deal fell through but they gave my report to another buyer and that buyer is using it to buy the house. She wanted me to send her a copy of the termite and radon reports as well because they didn't get those. I called her back and left her a message stating those reports were paid for by somebody else and that if the new buyers want to get radon and termite reports, as well as home inspection reports, they should pay for them, just like my cleint did.

    Those people will need the money they saved on not getting their own inspections to pay for all the problems that come to light in the crawlspace beneath the house. The roof had no gutters or downspouts and the grades were running right towards the house. The rear interior of the house stunk like mildew and moisture. The crawlspace access panel was sealed to the exterior wall and partially stuccoed over so I couldn't even get inside it to see how bad things were. But I'm sure the new buyers will get what they deserve eventually.


  18. #18
    Ted Menelly's Avatar
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    Default Re: Using previous Report

    Quote Originally Posted by Nick Ostrowski View Post
    I just got a message today from the listing agent of a property I inspected a month ago for somebody else. The first deal fell through but they gave my report to another buyer and that buyer is using it to buy the house. She wanted me to send her a copy of the termite and radon reports as well because they didn't get those. I called her back and left her a message stating those reports were paid for by somebody else and that if the new buyers want to get radon and termite reports, as well as home inspection reports, they should pay for them, just like my cleint did.

    Those people will need the money they saved on not getting their own inspections to pay for all the problems that come to light in the crawlspace beneath the house. The roof had no gutters or downspouts and the grades were running right towards the house. The rear interior of the house stunk like mildew and moisture. The crawlspace access panel was sealed to the exterior wall and partially stuccoed over so I couldn't even get inside it to see how bad things were. But I'm sure the new buyers will get what they deserve eventually.

    Yeah, the new buyers needed the money to fix the repairs "YOU FOUND" while doing an inspection that someone else paid for.

    I'm telling yeah. There should be something stipulated in Real Estate contracts that specifically deals with disclosure and Home Inspections. Such as If a buyer wants an inspection and the actually findings of an inspection and does not just want the verbal findings or just a very simple list of repairs needed for disclosure than they should pay for it.

    The inspection report I talked about above was brought up again today with the Realtor saying that she forgot to get the email to me requesting a copy of the report. In a very nice (as usual) manner I explained to her that it does not work like that and the fact of the matter is there is still a deal on the table. If and when her client needs an inspection I would be happy to do an inspection for her clients for the same fee as my last client paid.

    Her answer. Why should my client pay for an inspection when there was just one done. For one, how about ethics. How about protection for your client etc etc etc etc.

    You do not want to know where the conversation went from there. My other client pretty much took care of that end of things, lets say.


  19. #19
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    Default Re: Using previous Report

    I my case, Pennsylvania unfortunately has a law that is written into the agreement of sale that states the sellers and selling agent have a right to receive copies of any inspection reports. So they are allowed to have it. It's annoying but they get to do what they want with it and give it to whomever they choose. One I send the report to my client, it's out of my hands.......but it doesn't mean I have to help any other people not related to that inspection who get their hands on my reports. The listing agent called me back to say the new buyers were willing to pay me to come back and inspect the crawlspace interior I was not able to get into for my clients. I declined.


  20. #20
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post
    Yeah, the new buyers needed the money to fix the repairs "YOU FOUND" while doing an inspection that someone else paid for.

    I'm telling yeah. There should be something stipulated in Real Estate contracts that specifically deals with disclosure and Home Inspections. Such as If a buyer wants an inspection and the actually findings of an inspection and does not just want the verbal findings or just a very simple list of repairs needed for disclosure than they should pay for it.

    The inspection report I talked about above was brought up again today with the Realtor saying that she forgot to get the email to me requesting a copy of the report. In a very nice (as usual) manner I explained to her that it does not work like that and the fact of the matter is there is still a deal on the table. If and when her client needs an inspection I would be happy to do an inspection for her clients for the same fee as my last client paid.

    Her answer. Why should my client pay for an inspection when there was just one done. For one, how about ethics. How about protection for your client etc etc etc etc.

    You do not want to know where the conversation went from there. My other client pretty much took care of that end of things, lets say.
    Ted,
    When they bring up that BS line about them wanting to say their client the money, ask them how much are they lowering their commission fee on the deal? They want everyone to cut their client a deal but you can be assured their check won't discounted any.

    rick


  21. #21
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    Default Re: Using previous Report

    Quote Originally Posted by Nick Ostrowski View Post
    I my case, Pennsylvania unfortunately has a law that is written into the agreement of sale that states the sellers and selling agent have a right to receive copies of any inspection reports. So they are allowed to have it. It's annoying but they get to do what they want with it and give it to whomever they choose. One I send the report to my client, it's out of my hands.......but it doesn't mean I have to help any other people not related to that inspection who get their hands on my reports. The listing agent called me back to say the new buyers were willing to pay me to come back and inspect the crawlspace interior I was not able to get into for my clients. I declined.
    Nick,

    We have that same crap here in Texas about the selling agent wanting copies of the report.

    What burns my "sphere's" though is that the disclosure statements here in Texas has a comment section that asks the seller if they have ever had a HI report done or any engineer reports. These agents will tell them to check that box as no cause they don't want to have to post it on the sellers disclosure. I kid you not, of all the disclosure reports I've seen over the years maybe several have an actual HI report attached. Do you think all of these sellers actually bought a home and had no HI report done.

    I don't think so.

    rick


  22. #22
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    Default Re: Using previous Report

    Quote Originally Posted by John Brown View Post
    Ted,

    ... snipped ...


    There are plenty of lousy sample reports out there. Check just about any inspectors website and click on their Sample Report and wince at how much they are not addressing, even in their own pictures. It goes a long way to explaining why folks can get a home inspected for 200 or less in a lot of places.

    ... Snipped ..
    Just a reminder that perhaps that some of the sample reports are created or edited for promotion purposes. You only want to get the concept for the average Joe Client. I purposely used an inspection that had only a few things that needed repair or replacement and a few advisory issues. Things that could easily be identified in the included pictures and correlated by the viewer with limited experience. I didn't want to obfuscate the concepts of inspection and reporting. Of course, that may change tomorrow. Perhaps I'll add an item or two in the report that more closely matches the thought process of a novice real estate buyer.

    The above statements are expressed solely as my opinion and in all probability will conflict with someone else's.
    Stu, Fredericksburg VA

  23. #23
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post
    The inspection report I talked about above was brought up again today with the Realtor saying that she forgot to get the email to me requesting a copy of the report. In a very nice (as usual) manner I explained to her that it does not work like that and the fact of the matter is there is still a deal on the table. If and when her client needs an inspection I would be happy to do an inspection for her clients for the same fee as my last client paid.

    Her answer. Why should my client pay for an inspection when there was just one done. For one, how about ethics. How about protection for your client etc etc etc etc.
    We need to tell these agents that they are asking us to break the law.

    From the Texas Administrative Code
    (7) Inspectors shall not disclose inspection results or client information without prior approval from the client. Inspectors, at their discretion, may disclose observed immediate safety hazards to occupants exposed to such hazards when feasible.
    We can legally only have one client for each transaction and that is the person who paid for the inspection and report.

    There may be no such restriction for realtors, but for inspectors, this is a big no, no!

    Jim Luttrall
    www.MrInspector.net
    Plano, Texas

  24. #24
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    Default Re: Using previous Report

    We might want to mention that it is also law that we report any known violatons of the TREC rules including the rules for realtors.

    (3) If an inspector has knowledge of a possible violation of the rules of the Texas Real Estate Commission or Texas Occupations Code, Chapter 1102, the inspector should report the possible violation to the Texas Real Estate Commission.


    Jim Luttrall
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    Plano, Texas

  25. #25
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    Default Re: Using previous Report

    CHAPTER 1101. REAL ESTATE BROKERS AND SALESPERSONS
    SUBCHAPTER N. PROHIBITED PRACTICES AND DISCIPLINARY PROCEEDINGS
    Sec. 1101.653. GROUNDS FOR SUSPENSION OR REVOCATION OF CERTIFICATE. The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder (1) engages in dishonest dealing, fraud, unlawful discrimination, or a deceptive act;(2) makes a misrepresentation;(3) acts in bad faith;(4) demonstrates untrustworthiness;
    TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING
    SUBTITLE A. PROFESSIONS RELATED TO REAL ESTATE
    CHAPTER 1101. REAL ESTATE BROKERS AND SALESPERSONS
    SUBCHAPTER Q. GENERAL PROVISIONS RELATING TO LIABILITY ISSUES
    Sec. 1101.805. LIABILITY FOR MISREPRESENTATION OR CONCEALMENT. (a) In this section, "party" has the meaning assigned by Section 1101.551.(b) This section prevails over any other law, including common law.(c) This section does not diminish a broker's responsibility for the acts or omissions of a salesperson associated with or acting for the broker.(d) A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party (1) knew of the falsity of the misrepresentation or concealment; and(2) failed to disclose the party's knowledge of the falsity of the misrepresentation or concealment.
    If the agent willfully misrepresents an inspection as adequate for their clients protection, they could lose their license and therefore be sued for misrepresentation if I read the law correctly here.
    I am not a lawyer nor do I play one on TV, but it seems that any respectible broker would nip this in the bud before it comes back to haunt them.
    All they need to do is read or let their client read the front page of every report
    This report is provided for the specific benefit of the client named above and is based on observations at the time of the inspection. If you did not hire the inspector yourself, reliance on this report may provide incomplete or outdated information.


    Last edited by Jim Luttrall; 04-17-2009 at 05:56 PM.
    Jim Luttrall
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  26. #26
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    Default Re: Using previous Report

    Sounds like you guys have grounds to reports some agents.

    (listen carefully ... I don't here any whooosh of anyone going out and doing so ... )



    Jerry Peck, Construction / Litigation Consultant
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  27. #27
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    Default Re: Using previous Report

    I would not hesitate to contact their broker or TREC.
    I have never had anyone try that with me, yet.
    Most listing agents don't want to see my reports, too much liability for having to disclose every nit-picking thing in the report.
    Now if I did one of the drive by inspections that was "house friendly" with inspector speak, they might pass them around more.

    The only time I turned someone in was to TREC over the unlicensed out of state "repo Inspections" that were in the news last year, but I never heard back on that.

    Jim Luttrall
    www.MrInspector.net
    Plano, Texas

  28. #28
    Ted Menelly's Avatar
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    Default Re: Using previous Report

    Quote Originally Posted by Jerry Peck View Post
    Sounds like you guys have grounds to reports some agents.

    (listen carefully ... I don't here any whooosh of anyone going out and doing so ... )


    That is because the whoosh was silent Mr Jerry. It already took place on all four counts that occured in the last week. We shall see. All I will say is that 2 Brokers are extremely interested.

    I tried to get the last Realtor to send me an email "So I could send her back one" . She screwed up and wrote my email down wrong. By the end of the conversation this morning she decided that maybe she was jumping the gun a little after calling the other agent and finding out the deal was still on with the other buyer (which happened to also be a Real Estate Agent) Nothing in writing damn it.


  29. #29
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post
    That is because the whoosh was silent Mr Jerry. It already took place on all four counts that occured in the last week. We shall see. All I will say is that 2 Brokers are extremely interested.

    Dang ... that's what I get for using Aaron's double barrel, he told me it was unloaded ...

    Jerry Peck, Construction / Litigation Consultant
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  30. #30
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post

    All I will say is that 2 Brokers are extremely interested.
    .
    .
    ........
    .
    YouTube - Laurel and Hardy

    * added 2nd link
    YouTube - Scram! Laughing Scene

    Last edited by Billy Stephens; 04-17-2009 at 07:33 PM.
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  31. #31
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    Default Re: Using previous Report

    Quote Originally Posted by Billy Stephens View Post
    Billy

    I know you are making light of things but Realtors ripping clients off telling them that they do not need to get an inspection that are buying houses (as far as I am concerned ) is pretty serious business. To actually call me and ask for a complete copy of my report so she can give it to her client (and not for disclosure purposes) pushed it over the top and forced me to reach out and try and protect these buyers that are unaware. Straight out telling clients that they do not need an inspection is hanging their clients and themselves out to dry if anything turns up wrong with these homes. They should not be practicing Real Estate. If you look at complaints logged against TREC licensed Realtors and Inspectors in Texas you will find out it is a hundred to one (if that) against realtors either not disclosing or being unethical.


    The number one factor why I hate marketing for referrals to realtors is this exact point. I have seen way to many that stopped referring me after they refer me to 4 or 5 clients in a row where the home is a slug with serious write ups. They can not handle their clients and turn them towards something that they can afford and not need 15 grand in repairs. So I become the picky over the top inspector and it is all my fault that their clients are getting out of the deal. Ah, no, it is their fault and the slug homes fault that the client is getting out of the deal.

    People that rip other people off to make a living should be in held accountable. Not just a slap on the wrist. We all have to be held to a high standard. Do we make mistakes? Yep. Do 99.9% of us try are damness to find all the concerns in all the homes we inspect, yes.

    I won't act all high and mighty so I will also add that three of those inspections where the clients were told that inspections were not needed was about 800 to a 1000 out of my pocket. Now that is enough to piss me off. Especially in this screwy busy, nothing, busy, nothing market we are in.


  32. #32
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    Aug 2007
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    Memphis TN.
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post

    Billy

    I know you are making light of things but Realtors ripping clients off telling them that they do not need to get an inspection that are buying houses (as far as I am concerned ) is pretty serious business. .
    .
    Ted,

    Agreed.

    Now What is the incentive of These Two Extremely Interested Brokers to pursue the alleged wrongs committed by the folks splitting The Closing Fees with them?

    Jim Ls post suggest it is You that is bound to Report These alleged violations to Your State Real estate Commission. ( not the folks coaching them on how to conduct these schemes.)

    If I get Robbed I call the Cops ( not the ex con Halfway House Counselor ) to report the deed.
    .

    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.

  33. #33
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Using previous Report

    Quote Originally Posted by Billy Stephens View Post
    .
    Ted,

    Agreed.

    Now What is the incentive of These Two Extremely Interested Brokers to pursue the alleged wrongs committed by the folks splitting The Closing Fees with them?

    Jim Ls post suggest it is You that is bound to Report These alleged violations to Your State Real estate Commission. ( not the folks coaching them on how to conduct these schemes.)

    If I get Robbed I call the Cops ( not the ex con Halfway House Counselor ) to report the deed.
    .
    I know this is hard to believe but actions are taking against realtors all the time from their brokers or if it is managed chain office the managers take it seriously when an agent brings the wrath of unethical behavier down upon them. They thenmselves will and have on countless occasions reported many an agent for illegal or unethical doings. Why?? Because if they don't they can lose their license and Office.

    These offices make their brokers thousands and thousands a month. They do not want one fool messing that up. As far as all these offices like Keller williams with 250 to 400 Realtors in that office they could care less if one bad apple is gone. Just a handfull of good listing or selling agents make them a small fortune. If the rest do not sell anything it cost them nothing.

    Like I say. Look at the TREC website . You will see claim after claim against countless Realtors that have screwed up. The list is pretty long month after month.


  34. #34
    Join Date
    Aug 2007
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    Memphis TN.
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    Default Re: Using previous Report

    Quote Originally Posted by Ted Menelly View Post
    I know this is hard to believe

    Like I say. Look at the TREC website . You will see claim after claim against countless Realtors that have screwed up. The list is pretty long month after month.
    .
    Agreed,

    .
    You check it ( I just did for March. ) most for bounced checks to the commission.
    or not completing the required continuing Ed.
    about 50/50 complaints Broker, salesperson.

    The Broker Is Not your Ally !
    .

    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.

  35. #35
    Join Date
    Oct 2003
    Location
    Rockwall Texas
    Posts
    4,519

    Default Re: Using previous Report

    Ted,

    Do you go to Mansfield?

    Had someone call me and want me to do an inspection out there Monday afternoon.

    A bit far for me.

    Let me know, I'll see if I can refer it out to you.

    New Home, 3700sqft.

    rick


  36. #36
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Using previous Report

    Quote Originally Posted by Rick Hurst View Post
    Ted,

    Do you go to Mansfield?

    Had someone call me and want me to do an inspection out there Monday afternoon.

    A bit far for me.

    Let me know, I'll see if I can refer it out to you.

    New Home, 3700sqft.

    rick
    I am in Mansfield all the time. Thanks I will take all you have this way. I used to get a lot of work out your way when I had the website set up for all of DFW and that was a serious ride all the time.

    If you just want them to call me it is 817-925-6020

    Thanks


  37. #37
    Join Date
    Jun 2007
    Location
    The Blacklands Of Texas
    Posts
    82

    Default Re: Using previous Report

    There were a lot of items I disagreed with in the new SOP and REI-7A-1 form but at least this was a good addition to the REI-7A-1:

    Property conditions change with time and use. For example, mechanical devices can fail at any time,plumbing gaskets and seals may crack if the appliance or plumbing fixture is not used often, roof leaks can occur at any time regardless of the apparent condition of the roof, and the performance of the structure and the systems may change due to changes in use or occupancy, effects of weather, etc. These changes or repairs made to the structure after the inspection may render information contained
    herein obsolete or invalid. This report is provided for the specific benefit of the client named above and is based on observations at the time of the inspection. If you did not hire the inspector yourself, reliance on this report may provide incomplete or outdated information. Repairs, professional opinions or additional inspection reports may affect the meaning of the information in this report. It is recommended that you hire a licensed inspector to perform an inspection to meet your specific needs and to provide you with current information concerning this property.
    Not that it is read by clients or others but at least it is there.

    Knowledge is power, but sharing knowledge brings peace!
    www.psinspection.com
    Texas License# 7593

  38. #38
    Mark Schniers's Avatar
    Mark Schniers Guest

    Default Re: Using previous Report

    Anything for a buck no matter what morals or ethics are ignored. Integrity is something many lack. My report specifically states "This report is the exclusive property of this inspection company and the client(s) listed in the report title. Use of this report by any unauthorized persons is prohibited."

    Quote Originally Posted by Ted Menelly View Post
    I got a call at the end of last week, yesterday and now tonight that the buyers are going with the previous inspection report that is attached to the disclosure.

    This is obviously putting a damper on things. Last week was also a scheduling nightmare where all my inspections moved at least once and in 2 instances moved or rescheduled twice.

    The Agents are telling the folks that an inspection has already been done and they can just go over that one. If I were to pay for a home inspection and then it was literally attached to the sellers disclosure for anyone or number of people to use and view with out them having to pay for it I would be pissed.

    At the bottom of my reports on the state contract page it states perfectly clear that

    "
    NOTICE: THIS REPORT IS PAID FOR BY AND PREPARED FOR THE CLIENT NAMED ABOVE.


    This report is not to be passed off to anyone besides the named client for any reason other than negotiating repairs on the property in question for the named client or securing the named clients financing."


    Things are just starting to get me a little bothered.

    Just need to vent



  39. #39
    Join Date
    Oct 2009
    Location
    Birmingham, Al.
    Posts
    41

    Default Re: Using previous Report

    Clear Notice!!!


  40. #40
    Join Date
    Mar 2007
    Location
    Corpus Christi, TX
    Posts
    615

    Default Re: Using previous Report

    Ted and Rick;

    Stealing work from Inspectors aside, explain to me how Ted's circumstance in any way benefits a buyer. It doesn't. The ONLY way it possibly could is if the Inspector of the first report was perfect. And other than me, there are none.

    You've both been around long enough to know that, no matter what TREC says, it is NOT about consumer protection. It is all about completing RE transactions. I had a Seller's agent decline accepting my report with the comment, "We don't consider his reports reliable." My Client walked. I followed the house. The next sucker hired Ray Charles Inspections and that Client bought it. That house wound up in a law suit a few years later. The suit was related to a defect I had found on my report. When I questioned TREC about the behavior of the Agent and Broker, Devon's response was that a Real Estate Sales person has no responsibility to accept or read an Inspection report.

    As long as the money keeps changing hands it seems that no one in Texas gives a crap as to whether any value is attached.

    The only reason some people get lost in thought is because it's unfamiliar territory.
    - Paul Fix

  41. #41
    Join Date
    Nov 2009
    Location
    Winston-Salem, NC
    Posts
    89

    Default Re: Using previous Report

    Our WDI report in NC can't be modified leagally and the Licensee decides how long it is good for. Most, including myself allow 30 days and then a new inspection and report have to be done. All the realtors I work with understand and respect this and I don't have any problems with reuse. There are many other problems but this is not one of them.


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