How About Dealing With Seller Agents?

[Russel Ray]

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.

Ditto at my company.

My purpose is to help my Clients, and if I can help them by talking directly to someone who is doing repairs for them, then it seems like skipping the middle man translation is beneficial to all concerned.

A few months ago, I had a Client who would not initial the permission paragraph, so I didn't provide a copy to the seller. Shortly after the inspection, I got a call from the Client wanting to know if he could sign the paragraph because he got tired of the mistranslations going on between his agent and the seller's agent, with my Client trying to be the translator. Since the original contract paragraph had not only been left unsigned, it had been scratched through, so I just created a contract addendum, he signed it, I talked to the seller, mistranslations ceased, and work got done.

[Russel Ray]

Originally Posted by jfunderburk

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.

Ditto here, except that I never, ever hang up on someone. I simply continue stating what I've already stated, explain why I wrote something, try to help them, be nice, be kind, etc. Sometimes they hang up on me because they just can't deal with such a nice person who is so calm and collected in refusing their requests to change my report.

Even if they are being belligerent, demanding something or else, yelling at me, or calling me names, I'm not going to be the one to hang up. That's just me, though. Probably has something to do with my Southern upbringing--kill 'em with kindness.

By the way, ART tells me that I have been asked 11 times to change something in my report. All of them were my Clients' agents, all were prior to me putting the permission paragraph in my contract, and all were Top Ten agents in their respective brokerages, a reason why I don't market to Top Ten agents anymore (along with the fact that I don't need their business anymore).

[Russel Ray]

Originally Posted by dbowers

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%.

Love it.

But is that eighth word supposed to be "buyer" or "Client" instead of "seller"?

[Russel Ray]

Originally Posted by jfunderburk

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?

I do think I lost a lot of repeat business and referrals during my first two years in business because I was so unflexible in talking with other professionals working on behalf of my Clients. Unfortunately, I never asked ART to track that stat, so I don't know for sure.

[cradan]

Originally Posted by maitai11

Joe,

How do you handle a realtor who:

1.) Tries to discredit your report?
2.) Asks you to change your report?
3.) Is being difficult in general?

1.) Report them to their local and state Realtor Board and your State inspector Licensing Board (if you have one) without delay.
2.) Report them to their local and state Realtor Board and your State inspector Licensing Board (if you have one) without delay.
3.) Report them to their local and state Realtor Board without delay, if they've already attempted to discredit your report and/or asked you to change your report. If they haven't yet done that, maybe they're just having a bad day, and you can help them make it a little better!

Worried about offending them? Don't be. Many of them are not too worried about offending you, and, to boot, any "professional" who would ask you to change your report, or who would discredit your independent, thorough and fair report, is not really someone you want to be working-with (under any circumstances) in the future...

[Gregory A. Liebig]

My Client Satisfaction Survey has a spot where my client can give me written permission to discuss their inspection report with anyone they choose. Maybe putting that on the inspection agreement would be a better place.

[Russel Ray]

I would in my case since my customer service process doesn't even start until three days after they receive the report. By that time they've probably already resolved everything with the seller, or I've already gotten a couple of calls from concerned others.

My customer service process:

3 days after report delivered - Email or voice mail contact
10 days after report delivered - Email or voice mail contact
As soon as I know escrow as closed - Email or voice mail contact
30 days after escrow has closed or 30 days after I first contacted them once I knew escrow had closed - Email or voice mail contact
60 days after escrow has closed - Introduction to Referral Rewards program
6 months after escrow has closed - Email or voice mail contact
1 year after escrow has closed - Anniversary card

[malban]

I stay clear about who I represent, that being the named client in the report. Discussing the report with anyone else violates the confidentiality statement contained in my contracts and reports. That is what I tell the listing agent. One has to hope that he or she can remember that they have agency duties and confidentiality requirements as well.

If my client wants me to become involved in the discussion, I will do it after they sign a written instruction and indemnification agreement. I want them to understand that my representation is to them only and I have no responsibility for anything arising from a discussion with an agent or principal that is not a party to our contract. Inspectors sometimes forget that sellers can also sue if they believe you have (correctly or not) made statements they think are critical of the home you inspect.

If there is a question about my report, there will most likely be a recommendation for an appropriate specialist or tradesman. I suggest they discuss the issue with the specialist after he visits the property and views the condition causing concern. Since the agent calling you has only one purpose, to avoid calling the recommended specialist, this will generally end the discussion.

If a qualified specialist finds my generalist's report to be off base, and states the issue in writing, then I determine if I reported something within my scope poorly or not. No inspector is perfect every time.

There is usually nothing to gain by discussing, for example, electrical panel defects with an agent having a background is speech and journalism or creative cookie craft. That's especially true if the agent has no contractual agreement or limiting conditions established with you. None of the protective language in the contract/report covering you duty to you client applies to anything you say to party outside the agreement. You open up your world to pain.

[maitai11]

Wow, that's a compelling argument...I see both sides, ie accessibility and confidentiality...It's interesting to see where people lay with this one though. Thanks everyone for your insight!

Not sure which way I'll fall, but the confidentiality seems to be the weightier issue...

Maitai11