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That's The Law, and it's your right to know!


Inspecting the home inspector...

By Robert A. Massi


Will the home inspector you hire to provide a thorough examination of your home work with your best interests in mind or will he or she work for the referral source, who is often the real estate agent? This is a question that was posed by the television program "Dateline" on NBC.
However, "Dateline" failed to emphasize that most home inspectors are unbiased, ethical and experienced professionals who provide a valuable service in making sure the biggest purchase of your life does not become one of your biggest headaches.
However, a conflict-of-interest can and often does exist when home inspection referrals come from real estate agents (who have an interest in the sale of the house), and the home inspector (who has an interest in helping their client, the home buyer) who also has an interest in obtaining future referral business from the real estate agent. The conflict-of-interest exists, certainly, but the problem doesn’t exist until the home inspector chooses to compromise honesty or objectivity.
Since no state law currently exists that would ban real estate agents from referring home inspectors, it is up to the consumer to be careful of the home inspector who might be less than honest. Therefore, I want to discuss a few consumer tips as well as advice that I’m sure most professional home inspectors would agree with.
The first consideration (and it’s an obvious one) is to look for a home inspector that does not solicit referrals from real estate agents. Although this doesn’t guarantee a great home inspector, it does, at the very least, eliminate conflict-of-interest. In Salt Lake City, Utah, The Board of Building and Home Inspectors International (ABBHII) now has affiliates across the country (although Nevada does not currently have an affiliate). I mention ABBHII, however, because the organization encourages the move to make home inspectors independent from real estate agents, and ABBHII even makes members sign an agreement not to solicit real estate agent referrals. According to ABBHII, the purpose of the organization is to help market their affiliate members and foster their ethical objectives since refusing agent referrals "limits inspectors’ marketing potential dramatically."
Now you may be wondering, if the referral shouldn’t come from my real estate agent, who should it come from? Often someone you know and trust has had a positive experience with a home inspector, and that is the best referral source. You may want to ask your attorney, too. Also, while doing research on the Internet, I noticed several Online home inspector directories, and the American Society of Home Inspectors (ASHI) can be another source. Even advertisements might provide you with helpful information and may indicate an inspector’s independence as well.

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Also, before the inspector evaluates your home, don’t be afraid to evaluate the inspector. Ask for credentials because there may be a big difference in education, training and experience between home inspectors. You may find some home inspectors have a background in many useful areas (such as construction, engineering and architecture) and many have continued their education in specialized areas.
Also, ask the inspector how much of his or her time you will receive because some home inspection firms don’t allow a home buyer to read and ask questions regarding an inspection report before the inspector leaves the premises. You may want to ask questions later, too, by telephone, and you will certainly want the information in a detailed, yet clear written report that not only explains the inspection to you, but prioritizes the minor and significant repairs that need to be made on your home. Believe me, you will have questions, so make sure the inspector will be available to answer them.
Furthermore, try to be at the inspection and participate by asking questions along the way (without getting in the way). If the inspector states something you find significant, make sure it is written in the final report. At the end of the inspection, discuss recommendations with the inspector and make sure you understand all that you read in the report.
Finally, let me say that home inspection is an incredible job and responsibility. Electrical and heating systems, environmental hazards, exteriors and siding, plumbing, roofing, structural concerns, chimneys and fireplaces, interiors, insulation, termites and wood destroying insects, etc. You and I probably don’t know much about any of the things a home inspector is required to examine, and I have a great deal of respect for the profession and the education, training, knowledge and expertise that it requires.
With a qualified, experienced and unbiased professional home inspector, you and your family can rest more easily knowing that you haven’t moved into a money pit that will surprise you with one headache after another. This is the major purchase of your life so take the time and demand nothing less than the very best home inspection.
And remember, that’s the law, and it’s your right to know!
LVN

Bob Massi is the legal consumer analyst for the FOX NEWS CHANNEL. He is also a radio talk show host on KDWN-AM and the author of A Layman’s Guide to the Law. The law practice of Robert A. Massi can be reached by calling (702) 870-1100. Massi practices primarily in: personal injury, real estate law, business law, wills and trusts and legal consultations.

 

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