Buying or Selling a Home/real estate inspection

Advertisement

Expert: - 8/18/2008


Question
we are buying a home and the inspection is scheduled for this Wednesday.  the listing agent said that he and the sellers had to be there to "explain repairs and how things work."  we said we were not comfortable with that.  the listing agent is still insisting he has to be there - to explain repairs to inspector - we are close to backing out - we want an unbiased inspection - can the agent do this ?   we are concerned that not everything was disclosed .. we are on our 5th home purchase and have never experienced this ...

Thank  you for you help.

Answer
Hello Laure - I apologize for the delay in replying as I was teaching all day yesterday. To answer you question you would have to look at your contract. If you are in AZ the contract indicates that the Seller has to make house available for all buyers independent inspections. It does not state whether the seller has or does not have the right to be there. Of course, most listing agents prefer their sellers do not attend the inspection(s). You did not indicate whether you are represented by your own agent or if you are unrepresented. If you are unrepresented then it would be considered reasonable to expect the sellers representative to be present. Please explain your frustrations to your agent... once again if the only agent in the deal is the listing agent then this inspection process will be more intimidating for you. I would recommend discussing your feelings with the home inspector you selected. The inspectors are not intimidated by the sellers and therefore can act as your shield. Actually from a negotiation standpoint you are in a more favorable negotiation position, as well as legal position, should the seller make any false statements to the condition or repair in response to your inspectors questions. Of course, ask your inspector to document all the sellers responses (as a third party) so if you need to seek repair assistance at a later date there will be a record of it time stamped at during the inspection. I would not recommend using this as a reason to back-out of the transaction, although that said if you don't like the outcome of the inspection report then act accordingly. If in AZ ask for a seller property disclosure statement (SPDS) from the seller which requires the seller to indicate known defects and certain environmental and pest nuisances. Also, ask fro a Buyer Advisory document. This will tell you what external factors to take into consideration that usually do not show up on the inspection report... such as neighborhood noise issues, crime, sex offenders living in the area, school test scores, and more. I hope this assists you. If you are represented then your agent should be there too sheltering you from the agent representing the seller. Take the position YOU ARE IN CONTROL not the sellers agent. You actually are, the only issue is the number of times you have done this so you are more than likely experiencing nerves. But remember, listen to your intuition. - Todd

Buying or Selling a Home

All Answers

Answers by Expert:

Ask Experts

Volunteer

Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

©2012 About.com, a part of The New York Times Company. All rights reserved.