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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #1  
Old 11/19/11, 2:39 PM
Joseph Tribuzio's Avatar
Joseph Tribuzio Joseph Tribuzio is offline
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Question Is there an agent must be present law in IL??

help me out PLEASE
IN ILLINOIS ,is there a law stating a real estate agent MUST be present during the entirety of an inspection??? Or something to that effect?

I heard mention of it, but very frequently it happens the agent doesn't show up, or just calls with the entry code. WHICH is fine with me. Don't need or want them around.

So can anyone quote an actual law for Illinois?




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  #2  
Old 11/20/11, 1:46 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Is there an agent must be present law in IL??

No such law. In fact, several real estate boards are now recommending that agents NOT attend inspections.



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  #3  
Old 11/20/11, 1:54 PM
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Christopher Currins Christopher Currins is offline
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Default Re: Is there an agent must be present law in IL??

This is in a recent newsletter from my area Real Estate Association. I've never called listing agent ahead of time, yet.


"Call Before Showing
REALTORS®,appraisers, and inspectors, please take a moment to call the listing agent prior to showing, previewing, appraising or inspecting a home- even if the house is vacant. Not having permission to enter a property, even if it is for sale and equipped with a lockbox, could be considered trespassing. Respect your colleagues by requesting an appointment. Thank you for your cooperation!"



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  #4  
Old 11/20/11, 2:31 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Is there an agent must be present law in IL??

Recommend agents not attend inspections?

Then, we will have to join the local association, pay dues, pay fees to get a supra key, and abide by their rules.

I hope not.



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  #5  
Old 11/20/11, 10:15 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Is there an agent must be present law in IL??

Christopher, that newsletter is in error. In the situation described, the home inspector is an agent of the buyer. The buyer is already an owner in equity and has been granted permission to have his/her inspector enter. That permission was granted when the seller accepted the offer with the inspection rider. It is not "trespassing."



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  #6  
Old 11/20/11, 10:49 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Is there an agent must be present law in IL??

Kansas City seems to be light years ahead of other states in this regard.

See the attached article from their recent Realtors newsletter regarding them being present to help supervise us or for our safety.
Attached Files
File Type: doc Attending your buyers.doc (23.5 KB, 35 views)
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  #7  
Old 11/20/11, 10:49 PM
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Bob Elliott Bob Elliott is offline
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Default Re: Is there an agent must be present law in IL??

This article seems to imply Agents have less liability if they stay away.
http://www.frascona.com/resource/oef202pass.htm
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  #8  
Old 11/20/11, 11:13 PM
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William J. Decker William J. Decker is offline
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Default Re: Is there an agent must be present law in IL??

No such law, Joe. Buty you never know what a) Agents may have read and believe, even though it is not true and b) What agents want to have the public believe.

I have had many agents, brokers, contractors, etc, lecture me that this or that is the law and I must obey. I just show them my state license and ask them to prove it.

But, this is not to be confused with certain contracts of sale where the developers put specific things in the contract (i.e., home inspection prohibited). Seeing more and more of this. If the prospective buyer signs such a contract, they are bound to it. I recommend to ALL clients that they NOT sign the contract until it has been reviewed by their lawyer.

Hope this helps;



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  #9  
Old 11/20/11, 11:26 PM
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Christopher Currins Christopher Currins is offline
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Default Re: Is there an agent must be present law in IL??

Quote:
Originally Posted by gromicko View Post
Christopher, that newsletter is in error. In the situation described, the home inspector is an agent of the buyer. The buyer is already an owner in equity and has been granted permission to have his/her inspector enter. That permission was granted when the seller accepted the offer with the inspection rider. It is not "trespassing."
Thanks for the wording Nick.

I've yet to, or have any future plans of, contacting the listing agent to get permission of when I can schedule my inspection, or the OK to enter the property.



Christopher Currins
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O'Fallon, Florrisant, MO Home Inspector




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