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General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

 
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  #1  
Old 9/15/06, 5:14 PM
maitai11 maitai11 is offline
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Default How About Dealing With Seller Agents?

Hi,

My policy has been that I only deal with the buyer and their agent (my client). However, sometimes I've been asked to either contact the seller's agent or they volunteer my number and have the seller's agent call me for clarifications, etc.

This can be problematic because sometimes the seller's agent has a very high-powered opinion of themselves, and they will try to twist things in their favor. I don't like to defend myself in front of someone who is not my client. What do you think? What about legal issues?

I am, however, MORE THAN WILLING to bend over backwards to explain my report, reasons, etc to MY CLIENT.

Help please!!!

Thanks,

Maitai
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  #2  
Old 9/15/06, 5:22 PM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Default Re: How About Dealing With Seller Agents?

I rarely speak to the selling agent.

If for whatever reason/s I do end up speaking to the seller or selling agent I generally answer their questions by reading directly from my report.
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  #3  
Old 9/15/06, 5:23 PM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by maitai11
Hi,

My policy has been that I only deal with the buyer and their agent (my client). However, sometimes I've been asked to either contact the seller's agent or they volunteer my number and have the seller's agent call me for clarifications, etc.

This can be problematic because sometimes the seller's agent has a very high-powered opinion of themselves, and they will try to twist things in their favor. I don't like to defend myself in front of someone who is not my client. What do you think? What about legal issues?

I am, however, MORE THAN WILLING to bend over backwards to explain my report, reasons, etc to MY CLIENT.

Help please!!!

Thanks,

Maitai
Sorry MRS sellers agent my SOP says I can not give you any information to you with our written premission from my client, I am sure you too would not give me any confidential information that you should not give out .
when she goes in another direction .
Sorry but as I said my SOP says I can not give you any information with out written permission from my client , at this point they usally they thanks ( with a soure tone ) and hang up .
If not I just repeat .
Roy Cooke
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  #4  
Old 9/15/06, 5:28 PM
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by rcooke
Sorry MRS sellers agent my SOP says I can not give you any information to you with our written premission from my client, I am sure you too would not give me any confidential information that you should not give out .
when she goes in another direction .
Sorry but as I said my SOP says I can not give you any information with out written permission from my client , at this point they usally they thanks ( with a soure tone ) and hang up .
If not I just repeat .
Roy Cooke
You devil, you.

I usually say "Sure, if you'll indemnify me when my client sues me for breach of confidentiality."



Joseph A. Ferry, Esquire
Two Penn Center Plaza
Suite 200
Philadelphia, PA 19102

215-854-6444 tel.
215-243-8202 fax
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  #5  
Old 9/15/06, 5:35 PM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Default Re: How About Dealing With Seller Agents?

Joe & Roy, I believe Matai asked the question with the understanding that the seller had given him/her permission to speak with the seller.
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  #6  
Old 9/15/06, 5:37 PM
maitai11 maitai11 is offline
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Default Re: How About Dealing With Seller Agents?

Correct, well, actually both...

...and THANK YOU for your opinions....


Maitai
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  #7  
Old 9/15/06, 6:46 PM
Gregory A. Liebig's Avatar
Gregory A. Liebig Gregory A. Liebig is offline
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Default Re: How About Dealing With Seller Agents?

In Wisconsin's standard offer to purchase form (WB-11) it clearly states on lines 98 and 99 that, "Buyer agrees to promptly provide copies of all such inspection reports to Seller, and to listing broker if Property is listed." There is nothing mentioned about the INSPECTOR contacting either party.



Greg Liebig, Owner
Sheboygan Wisconsin Home Inspector

4-Square Home Inspections, LLC
Where Knowledge will put your Mind at Ease ©
Sheboygan, WI 53081
(920) 451-4646

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  #8  
Old 9/15/06, 6:58 PM
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Joe Funderburk, CMI Joe Funderburk, CMI is offline
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Default Re: How About Dealing With Seller Agents?

This is the last line of my agreement, right above the client's signature:

"Client(s) gives permission for the Inspector to discuss report findings with real estate agents, specialists or repair persons for the sake of clarification."

If they are holding a copy of the report or the Summary and I tell them I can't discuss it with them, that sounds kinda silly.



“The things that will destroy America are peace at any price,
prosperity at any cost, safety first instead of duty first,
the love of soft living, and the get-rich-quick theory of life.”
Theodore Roosevelt


Joe Funderburk, CMI
Alpha & Omega Home Inspections, LLC
Inspecting Upstate SC & Charlotte Metro, NC
NACHI ID: NACHI05120170
www.aohomeinspection.com


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  #9  
Old 9/15/06, 7:07 PM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by bkelly2
Joe & Roy, I believe Matai asked the question with the understanding that the seller had given him/her permission to speak with the seller.
The spoken word permission some times gets forgotten when you are in court so if you read my last post or the part below
( Sorry MRS sellers agent my SOP says I can not give you any information to you with our written premission from my client, I am sure you too would not give me any confidential information that you should not give out . ) . I just go into Sorry MRS sellers agent. That is the way I handle it .
Roy Cooke
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  #10  
Old 9/15/06, 8:15 PM
maitai11 maitai11 is offline
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by jfunderburk
This is the last line of my agreement, right above the client's signature:

"Client(s) gives permission for the Inspector to discuss report findings with real estate agents, specialists or repair persons for the sake of clarification."

If they are holding a copy of the report or the Summary and I tell them I can't discuss it with them, that sounds kinda silly.
Joe,

How do you handle a realtor who:

-Tries to discredit your report?
-Asks you to change your report?
-Is being difficult in general?

Thanks!

Maitai
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  #11  
Old 9/15/06, 8:16 PM
maitai11 maitai11 is offline
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Default Re: How About Dealing With Seller Agents?

The SELLER'S AGENT, that is...
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  #12  
Old 9/15/06, 8:30 PM
Joe Funderburk, CMI's Avatar
Joe Funderburk, CMI Joe Funderburk, CMI is offline
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by maitai11
Joe,

How do you handle a realtor who:

-Tries to discredit your report?
-Asks you to change your report?
-Is being difficult in general?

Thanks!

Maitai
I politely but firmly explain my views and tell them I stand by my report. I have had unpleasant conversations with seller's agents (and buyer's agents)--that's part of the business. One time I simply ended the conversation (hung up) with an electrician who got belligerent with me.

You have to understand that when money is involved (commissions), people can be "difficult". I try to respond professionally, but I realize whom I'm working for and I'm firm in my stance. I try to logically explain why I wrote something a certain way. I put a lot of time into my reports so I make sure I can defend my positions before they are sent out.



“The things that will destroy America are peace at any price,
prosperity at any cost, safety first instead of duty first,
the love of soft living, and the get-rich-quick theory of life.”
Theodore Roosevelt


Joe Funderburk, CMI
Alpha & Omega Home Inspections, LLC
Inspecting Upstate SC & Charlotte Metro, NC
NACHI ID: NACHI05120170
www.aohomeinspection.com


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  #13  
Old 9/15/06, 9:34 PM
maitai11 maitai11 is offline
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Default Re: How About Dealing With Seller Agents?

Great, thank you for that well-thought out response.
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  #14  
Old 9/15/06, 10:04 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: How About Dealing With Seller Agents?

As long as its ok with my seller, I'll talk to the seller, listing agent, repair contractor, home builder all day long explaining my report or defending my position - BUT - time is money and I require a valid credit card number and bill my conversations at $125 p/hr with a 1 hr minimum.

That cuts down on their BS about 99%.
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  #15  
Old 9/15/06, 11:02 PM
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Joe Funderburk, CMI Joe Funderburk, CMI is offline
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Default Re: How About Dealing With Seller Agents?

Quote:
Originally Posted by rcooke
Sorry but as I said my SOP says I can not give you any information with out written permission from my client...
Hypothetically, your client hires a contractor to perform a repair. The contractor is confused about the way your worded the report and calls you for clarification. You tell the contractor you need written permission to speak with them? Then the client calls you and begs you to speak with their contractor. You say, "nope, can't do it. Too much liability. Sorry. And besides, my SOP forbids it. Please fax me a letter giving my your express written permission and then it's OK." (I bet you'll get a lot of referrals from that client.)

Why not just put a statement in your agreement that says you can discuss the report with anyone for the purposes of providing clarification?



“The things that will destroy America are peace at any price,
prosperity at any cost, safety first instead of duty first,
the love of soft living, and the get-rich-quick theory of life.”
Theodore Roosevelt


Joe Funderburk, CMI
Alpha & Omega Home Inspections, LLC
Inspecting Upstate SC & Charlotte Metro, NC
NACHI ID: NACHI05120170
www.aohomeinspection.com


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