How to Survive a Home Inspection

How to Survive a Home Inspection
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Dear Monty: We live in Florida. A real  told us that all real estate agents here are transactional agents. They said it is impossible to have a buyer agent or a seller agent in Florida. Many people have depended on real estate agents to recommend a home inspector. Should prospective buyers ask a transactional agent for a list of required inspector certifications if there is no agency relationship? Can a transactional agent’s recommendation be trusted? Or are we on our own?
Monty’s Answer: The real estate agent who told you that is incorrect or has misunderstood. As I understand Florida law, only one “agent” can be in a real estate transaction. That means agency relationships can and do exist. Here is a link to 475.272 Purpose in the Florida statute.

Here is the redacted critical information: “(1) Disclosed dual agency as an authorized form of representation by a real estate licensee in this state is expressly revoked; (2) Disclosure requirements for real estate licensees relating to authorized forms of brokerage representation are established; (3) Single agents may represent either a buyer or a seller, but not both, in a real estate transaction; and (4) Transaction brokers provide a limited form of nonfiduciary representation to a buyer, a seller, or both in a real estate transaction.”

REQUIRED INSPECTOR CERTIFICATIONS

The list is one short sentence, whether you are working with a transactional agent or an agency relationship. The State of Florida must license the inspector. Here is a link to the statute. In my experience, the type of relationship you are working with your agent has no bearing on the trust issue. There are both trustworthy agency agents and transactional agents. There are also duplicitous or uninformed agents in both camps. You can take recommendations from either, but that does not mean you should act on them without your independent research and due diligence. It would be best if you wanted to be on your own. Only then can you make an informed decision. You may decide to engage an agent recommendation.

Here is a link to a Dear Monty article on the state of the inspection industry that includes another link to inspector interview tactics. This article will help guide you through action steps to identify competent inspectors.

KNOWN UNETHICAL INSPECTION PRACTICES

Like the real estate industry, the inspection business is highly competitive. Unfortunately, each industry’s practitioners may establish relationships that place real estate customers and clients at substantial risk.

Here are two examples: 1) The agent and the inspector are friends, blood relatives, or marriage-related. There is a tendency not to disclose these relationships because the customer, learning this, may see the potential for favoritism and reject hiring them. It is likely worse when the practitioners do not disclose the connection and something goes wrong. 2) They are not friends but business partners. They refer customers to each other for hidden financial considerations. The inspector may overlook a defect to keep the sale together.

The best way to protect yourself in real estate is with knowledge. It takes effort to acquire knowledge. Knowledge is the path to take regardless of the state in which you are a homebuyer.

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Richard Montgomery
Richard Montgomery
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Richard Montgomery is the founder of PropBox, the first advertising platform to bring home sellers and buyers directly together to negotiate online. He offers readers unbiased real estate advice. Follow him on Twitter at @dearmonty or DearMonty.com
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