Thread: builder requirements

I have an upcoming inspection on a new townhome. The buyer hired me obviously. The builder is requesting the usual release forms and insurance certificate.

In addition, they sent me another document with "terms" to be met. One of the terms is to provide a report onsite to the builders rep immediately after the inspection.

I have never done a report onsite and I know that my state law does not require it. It can't be legal for the builder to force that requirement can it?

I emailed their rep with my concern but I just wanted to know what you all thought about it.

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The builder isn't your client. IMO the only person to get a report is the buyer. If they want to share it with the builder that's their business. I've never had a builder demand (or even request) a copy of the report.

John,you are working for the buyer,unless they give you permission,do not release any info to the builder.

Originally Posted by Welmoed Sisson

The builder isn't your client. IMO the only person to get a report is the buyer. If they want to share it with the builder that's their business. I've never had a builder demand (or even request) a copy of the report.

You're absolutely right and I never have a problem making that clear.

Just nod your head in agreement with their request and do what you do... Once they figure out that they don't get what they want you will be finished.
i.e it is easier to ask forgiveness than to get permission.

no dog in the hunt with or obligation to the builder...they didn't hire
client has to meet their terms or not...some clients require a little testicular education
when builder asks for insurance i ask what amount of coverage they have for the client or their guests while on the property...this usually ends these nonsensical jump through hoop requests
a less than doormat attitude now saves much grief later

The best solution that I came up with to deal with those builders was this:
- At the end of the inspection I would hand them a one page report stating that *everything* I inspected quickly enough to do the report on-site was *wrong*, and that I would reduce the list of *everything* item-by-item as I wrote my regular report based on my regular inspection time and that the follow-up report would be the report with more detail in it.

No heads up that I was going to do that, I just had the report ready and handed it to them ... they *never* asked for an immediate on-site report again.

Originally Posted by John Dirks Jr

I have an upcoming inspection on a new townhome. The buyer hired me obviously. The builder is requesting the usual release forms and insurance certificate.

In addition, they sent me another document with "terms" to be met. One of the terms is to provide a report onsite to the builders rep immediately after the inspection.

I have never done a report onsite and I know that my state law does not require it. It can't be legal for the builder to force that requirement can it?

I emailed their rep with my concern but I just wanted to know what you all thought about it.

If you don't sign the terms, you have no obligation to abide by them. If they are looking for a signature, cross-out any wording that you do not like.

Originally Posted by John Dirks Jr

I It can't be legal for the builder to force that requirement can it?

It really doesn't matter in the long run. Since it's their property they can deny access to anyone, at anytime, and for any reason. Most buyers don't realize that they sign away their right to a 3rd party inspection, if such a clause is in the sales contract. (Can't say if it is or isn't, in your case.)

In today's real estate market though, I find most of these arbitrary restrictions go unenforced.

Dom.

They can ask for anything they want, they own the property.
They really don't want you to be there, go figure that.
If you agree to providing a report immediately on completion then do not (forgot to bring the forms) , they can sue you for the report. You probably would not be let back on their property, now and in the future, unless the a Buyer (Client) forced the issue.
Giving them a report that says that it is incomplete and has no validity is another route.
Or
You could give the builder:
--------------------------------------------------------
" REPORT of Inspection*
Property located at _____,
Inspected on __________,
Inspected by _________,
Thank you for your assistance and cooperation.
Signed _______________.
* A full report as required by the State of Maryland will be available, at the discretion of and from the Client. "
-------------------------------------------------------------------
You will have reported on the inspection having been completed, with notice immediately on completion.

Since the builder is not your client (paying the bill), I would think that you only have to meet the MD State SOP Report with the Client that has hired you and that you have a executed contract with, as opposed to an agreement with a builder

Think of what fulfills the agreed on terms for access to the least extent.

If the builder owns the property, he can require you to walk backward, wear a pink shirt and sing badly to gain access to his property. The burden is on you to perform according to your agreement(s). I wrote agreement(s) plural, because if you sign the builder's terms and you have a contract with your client, you may have agreed to conflicting requirements

I have had builders not allow third party inspectors at all. Others have limited inspector access to times when no work crew was present. One required to be copied on the client's report.

In all cases involving a builder, I communicate with my client only. The client is responsible for coordinating with the builder. That way, if I bend to the builder's will, it is with my client's knowledge and permission.