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Old 09-30-2013, 07:35 AM   #46
mnrose
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Originally Posted by luvsJack View Post
You would have been out the 450 either way. Just look at is as money well spent, the house had issues that you needed to know about it.

450 is a lot of money to me too, but the real problem is that someone tried to sell a house that they knew probably would not pass inspection.

I am confused as to why the seller's Realtor even wanted the inspection. Seems like they would have been hoping for the next buyer to get an inspector that would miss the problems. Unless the seller is coming down on the price enough to make it inviting to someone that can fix those problems themselves.
If the seller and/or the realtor is made aware of the problems found by home inspector number 1, they are OBLIGATED to pass that information on to a new buyer. Now, they can try to downplay the inspector's conclusion, disagree with them even, but they would be exposing themselves to serious legal risk if they failed to disclose them. A seller and the realtor are both required to disclose any known defects that exist in the home.

When I sold my home in California, my realtor advised me (advise I took) to have a comprehensive inspection done by a general contractor AND a pest inspector before I even put it on the market. Any problems we discovered could then be corrected before it hit the market. The full reports were part of our disclosure package, along with the steps we took to address the issue. I wanted no surprises when I sold.
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Old 09-30-2013, 07:43 AM   #47
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Originally Posted by Spoot View Post
I think that the person who really got screwed here is the home inspector - they were essentially cheated out of a job.
That would be my concern, that the home inspector could come after you for breaching the confidentiality of the home inspection.

The realtor is your representative, so he could come after you for sharing a report that could have earned him another $450.00.

I would contact the inspector immediately to report what the realtor has done. Make sure you keep all the e-mails where she asks you to share the report, you say no, and then she says so sorry, so sad, already gave it away.

The money is gone, but I would definitely let the inspector go after the realtor if they want.
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Old 09-30-2013, 08:06 AM   #48
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Realtors should pay for house inspections. But then, I wouldn't trust whatever the report said. So...never mind.
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Old 09-30-2013, 08:20 AM   #49
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If you're going to walk on a sale based on the inspection, aren't the sellers entitled to the inspection? Anyone could just say "oh, the inspection was bad", and not necessarily walk away, but use it as a negotiating tool to get a lower cost.
+1

I just looked at the contract from the sale of my home in October 2010. There is an inspection clause addendum to the contract that requires a copy of the inspection report be delivered to the seller:

Now looking at this section in isolation, it looks like clause "B" could be invoked and you wouldn't have to provide the inspection report. But there might be another clause somewhere else that requires some good faith explination for contract cancellation in order for the buyer to get 100% of his/her earnest money back.

Note that none of this addresses your realtor being inappropriate. If providing the report was within the bounds of the contract, then s/he should have said so.
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Old 09-30-2013, 08:53 AM   #50
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Originally Posted by Hrhpd View Post
That would be my concern, that the home inspector could come after you for breaching the confidentiality of the home inspection.

The realtor is your representative, so he could come after you for sharing a report that could have earned him another $450.00.

I would contact the inspector immediately to report what the realtor has done. Make sure you keep all the e-mails where she asks you to share the report, you say no, and then she says so sorry, so sad, already gave it away.

The money is gone, but I would definitely let the inspector go after the realtor if they want.
Yep. CYA here.

Sorry you got the shaft, geesh.

I know when we go to buy a house the seller is supposed to fill out a disclosure form.

Sounds like you got used by the seller to me to obtain a home inspection.

ETA.....Is the realtor also the seller's agent on this home? Just curious, because if that was the case, I would certainly make some noise
about that.


Last edited by The Mystery Machine; 09-30-2013 at 09:48 AM.
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Old 09-30-2013, 09:21 AM   #51
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Agree with the, "no right to share the report without your consent" crowd.

Quote:
Originally Posted by dakcp2001 View Post
She is OUR realtor, not the sellers. When we had our home inspection the inspector sent it to us and OUR realtor. She is the one that sent it to the sellers realtor.

April, this has nothing to do with "being a good person" as you put it. This has to do with the seller profiting on our loss.I highly doubt it was a surprise to him that he has a plumbing leak under the slab or that his entire addition was done without permits and is not structurally sound. 450 is a lot of money for me, maybe not for you, but for me it is money I work hard for. I am out that entire fee. If we find another house we want, I need to shell out another 450 bucks again. I can guarantee no one will hand me one for free.
My bolding indicates a situation that would PREVENT the sale of the house in our county without total compliance to the building code ordinances on owner's part. The possibility of total removal of improvements might have to be done.
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Old 09-30-2013, 09:50 AM   #52
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Agree with the, "no right to share the report without your consent" crowd.



My bolding indicates a situation that would PREVENT the sale of the house in our county without total compliance to the building code ordinances on owner's part. The possibility of total removal of improvements might have to be done.
Agree.

The fact that the addition is in non compliance with permits is complete horsecarp.

Did you know that going into this?
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Old 09-30-2013, 09:55 AM   #53
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I paid 450 for a home inspection on a home we wanted to buy. Turns out the home had a slew of problems, including structural problems and a leak "under the slab". We walked. Well, I got an email from my idiot realtor today, which cc'd the realtor who was selling THAT home asking if we minded letting the new buyer have our inspection report. I ,of course, said no let them pay their own 450. I hate to be a jerk, but I spent my hard earned money getting that report and I am out that money. It is gone. Why would anyone give it over for free? Got another email from the realtor apologizing, she had already sent it over and didn't think we would mind. Is that even legal? The end of October cannot come soon enough. Is this a normal thing to do? I have never heard of anyone doing that before. I am mad that my 450 bucks is going to someone else's profit.
I'd be asking the realtor to reimburse at least a portion of that $450. That was extremely presumptious, and I'd be more than pissed.
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Old 09-30-2013, 10:39 AM   #54
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I think it was very presumptuous of your agent to forward the report without waiting for your confirmation that it was okay. (Why ask if she was going to do it regardless of your response?) I would be angry at her.

If the terms of the inspection indicate that it cannot be transferred, then that's an additional problem.

But, I guess I don't see the logic in "I paid $450. There's no way I'd give it to them for free." Yes, it was expensive... but you got your value out of it and did not purchase a house that had substantial flaws. However, now that you're no longer considering that house, the report is worthless to you... so I guess I don't see a reason to deny the new potential buyers the information (unless it is stipulated as non-tranferrable or something).
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Old 09-30-2013, 10:50 AM   #55
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You spent the $450 never planning on seeing it again, so you really aren't "out" anything. If you found that your agent shredded her copy and used it to line her hamster cage would you expect her to reimburse you the $15 she saves on hamster litter?
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Old 09-30-2013, 11:21 AM   #56
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I'd probably be more pissed that she released some thing prior to my permission, as other posters have said why bother asking.

Now I also don't believe you got screwed. You got the total value out of the report, the minute you moved on it served it's purpose.
I would not have a problem letting another potential buyer seeing my report. Hey I know how expensive buying a house can be, if I save someone a few bucks, it will be my good deed for the day.
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Old 09-30-2013, 11:44 AM   #57
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Agree.

The fact that the addition is in non compliance with permits is complete horsecarp.

Did you know that going into this?
The inspection found it. The inspector recommended in his report that the seller have an engineer go in to make sure it is structurally sound, get a certificate of occupancy, and put back the support beam that had been removed if deemed necessary by engineer. The seller refused to do any of that, so we walked. They told us if they have an engineer come in they would then be liable to disclose it to future buyers if our deal falls through. (meaning they have no intention of disclosing it to future buyers, because they never had an engineer come to confirm it, therefore they do not know it to be true). Interestingly enough, the seller (not hsi realtor) is a lawyer. So he should know better, but sounds like they are skirting what is required disclosure. There was also a plumbing leak that would require "busting up the slab" to repair.Seller offered 5k off the price to cover all of that major stuff. Um no thanks! We were already running from this money pit. I am thankful the inspector did such a good job.

How do you know the seller and their agent will properly represent this report? Or give all of it? Or mislead new buyer? Anywho, not my problem.

As for the inspector, I got an email back from him that said simply "I will take care of this, thank you for letting me know". The only thing I have heard from my realtor today was a text asking if there are any homes we want to see.
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Old 09-30-2013, 12:10 PM   #58
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Text back

"Yeah loads of them and oh, we've upped our budget by $100k. But we've decided to find a new Realtor."



I am admittedly very quick to jump on the bash the Realtor bandwagon. I have had such lousy experiences both in buying and selling real estate. I think I've managed to dig out the most unprofessional and worst Realtor in nearly every housing market we've lived in.

My husband and I have an agreement that whenever we buy or sell another house, HE will choose the Realtor because my track record is horrendous in picking a good one. I just seem to attract the ding bats.
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Old 09-30-2013, 12:21 PM   #59
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Originally Posted by dakcp2001 View Post
The inspection found it. The inspector recommended in his report that the seller have an engineer go in to make sure it is structurally sound, get a certificate of occupancy, and put back the support beam that had been removed if deemed necessary by engineer. The seller refused to do any of that, so we walked. They told us if they have an engineer come in they would then be liable to disclose it to future buyers if our deal falls through. (meaning they have no intention of disclosing it to future buyers, because they never had an engineer come to confirm it, therefore they do not know it to be true). Interestingly enough, the seller (not hsi realtor) is a lawyer. So he should know better, but sounds like they are skirting what is required disclosure. There was also a plumbing leak that would require "busting up the slab" to repair.Seller offered 5k off the price to cover all of that major stuff. Um no thanks! We were already running from this money pit. I am thankful the inspector did such a good job.

How do you know the seller and their agent will properly represent this report? Or give all of it? Or mislead new buyer? Anywho, not my problem.

As for the inspector, I got an email back from him that said simply "I will take care of this, thank you for letting me know". The only thing I have heard from my realtor today was a text asking if there are any homes we want to see.
I seriously hope you told her no.
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Old 09-30-2013, 12:32 PM   #60
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The inspection found it. The inspector recommended in his report that the seller have an engineer go in to make sure it is structurally sound, get a certificate of occupancy, and put back the support beam that had been removed if deemed necessary by engineer. The seller refused to do any of that, so we walked. They told us if they have an engineer come in they would then be liable to disclose it to future buyers if our deal falls through. (meaning they have no intention of disclosing it to future buyers, because they never had an engineer come to confirm it, therefore they do not know it to be true). Interestingly enough, the seller (not hsi realtor) is a lawyer. So he should know better, but sounds like they are skirting what is required disclosure. There was also a plumbing leak that would require "busting up the slab" to repair.Seller offered 5k off the price to cover all of that major stuff. Um no thanks! We were already running from this money pit. I am thankful the inspector did such a good job.

How do you know the seller and their agent will properly represent this report? Or give all of it? Or mislead new buyer? Anywho, not my problem.

As for the inspector, I got an email back from him that said simply "I will take care of this, thank you for letting me know". The only thing I have heard from my realtor today was a text asking if there are any homes we want to see.
Man that is so dishonest it is not even funny.

He knew about the leak and did not disclose it. That to me is going into a sale dishonestly. The inspection should be refunded to you.

I would hammer the seller's agent.
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