Is there an agent must be present law in IL??

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
1

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?

2

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

3

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!”

4

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.

5

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.”

6

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.

7

This article seems to imply Agents have less liability if they stay away.
http://www.frascona.com/resource/oef202pass.htm

8

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;

9

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.