What's Wrong With A Real
Estate Agent Recommending A Particular Home Inspector To A Prospective Home Buyer?
Most real estate agencies work on an average
commission of 6% paid by the seller of the property. On a house selling for $300,000 there
is a potential commission of $18,000. Sometimes an agent will recommend a particular
inspector to a prospective buyer, sometimes a list of three is given out. Who are these
recommended inspectors? How did they "qualify" to get on the
"approved" list? Is the agent recommending a thorough non-bias inspector or is
the agent recommending someone who will help protect the potential $18,000 commission?
Unfortunately, some real estate agents view a
thorough and non-bias home inspection as a threat to their sales commission. A prospective
homebuyer has the right to use an inspector of their own choosing. If a real estate agent
tells you that you cannot use an inspector of your choosing, or insists that you use one
of their "recommended" or "approved" inspectors, you should contact
your attorney. (You should also wonder why they don't want you using an independent
inspector of your choosing.) A real estate broker or sales agent who tries to get you to
use an inspector of the agent's choice is trying to control the inspector selection
process.
Prospective home buyers must keep in mind that real
estate agents who receive a commission from the property seller, are working in the best
interest of their client, (the seller.) As the prospective home buyer, shouldn't the home
inspector you're paying for, be working in your best interest?
How Does A Real Estate Agent Control The
Inspector Selection Process?
There are many tactics used, some subtle and some
not so subtle. The agent may discourage the potential buyer from using a certain inspector
by making comments like:*"That inspector is a deal killer", "that inspector
is too expensive," "that inspector takes too long", "we've had trouble
with that inspector", "we don't allow that inspector to inspect any of our
listed properties".
The tactics used to encourage a prospective buyer to
use a particular inspector include: "We've had good luck with this inspector",
this inspector has the lowest fee", "we use this inspector all the time",
"this inspector can schedule an inspection on a day's notice", "this
inspector only takes an hour and he gives you a report right on the spot."
"What Is A "Deal Killer"?
The derogatory phrase "deal killer" is
often used in the real estate industry to describe independent home inspectors who give
buyers objective information in an inspection report, which may lead the buyer to
renegotiate or to look at other properties. Many real estate agents view independent home
inspectors as a challenge to their ability to generate income. They view these "deal
killers" as foes and will use a number of tactics to make sure that their buyers do
not retain independent home inspectors.
For instance, in the first stage of discussion about
having the home inspected, the real estate agent may recommend to the buyer a
"good" home inspector with whom they have worked with for several years. Some
agents may have a list of three inspectors who have been carefully screened not to be deal
killers. The list, however, will be long enough to protect the agent from any referral
liability should the buyer want to blame the agent for any inspection mistakes. This gives
the agent the perfect combination of: A) No liability for the referral; B) The buyer
"chooses" an inspector the agent prefers; and C) The buyers choice is
limited to home inspectors who will not hurt the sale.
If There Is A Potential Conflict Of Interest With
Sales Agents Recommending Home Inspectors, Why Doesn't The Government Do Something About
It?
A home inspector licensing law has been passed in
Massachusetts and signed by the Governor, to become effective May, 2001. This law, to some
degree, does address the potential conflict of interest of real estate agents referring
home inspectors. The new law amends Chapter 112 section 87YY of the Real Estate Broker and
Salesperson Licensing Law.
It will prohibit real estate brokers and
salespersons from directly recommending a specific home inspection company or home
inspector. Instead, upon request, provide a complete list of licensed home inspectors
prepared by the Board of Home Inspectors.
The prohibition does not apply if there is a written
agreement between the buyer and real estate broker that the broker is acting exclusively
for the buyer as a buyer's broker.
Potential buyers must still be aware that regardless
of who the real estate agent claims to be working for, his or her commission is still
coming from the successful closing of the sales transaction.
Why Don't I Read About This Conflict Of
Interest Situation In The Newspaper?
Very simple answer, money! Look at the real estate
section of any local or regional newspaper, lots of houses being advertised by real estate
agents. Those newspapers don't run those ads for free. How many home inspection
advertisements do you see in the newspapers? Almost none. Do you think a newspaper is
going to bite the hand that helps feed it? There have been a few articles written about
the potential conflict of interest, but these have appeared in national papers which have
very little real estate advertising.
Why Don't Home Inspectors Organize And Change The
Current Control Real Estate Agents Have Over The Inspector Selection Process?
You would think inspectors would want consumers to have a free
choice when it comes to selecting a home inspector. Unfortunately many inspectors rely
upon real estate agents to steer clients their way. This is especially true for large
multi inspector firms. In response to this situation a new home inspectors organization
has been formed called the Independent
Home Inspectors Of North America. Prospective home buyers can search for an
independent inspector near them.
In a free marketplace, companies that offer a poor product or
provide a poor service eventually go out of business, but this is not true for some home
inspectors when there is an artificial marketplace controlled by real estate agents.
What About Inspectors Who Claim They Have No Real
Estate Agent Affiliations?
If an inspector claims to have no real estate agent
affiliations it doesn't necessarily mean they do not solicit real estate agents for client
leads. The best way to qualify the relationship is to ask the inspector whether he or she
solicits real estate agents for client leads. If you find that the inspector or inspection
company maintains brochures in real estate offices or if the inspector or inspection
company is on the real estate agent's "recommended" list given out to
prospective buyers, this should tell you something.
Why Doesn't The American Society Of Home
Inspectors (ASHI) Code Of Ethics Prohibit ASHI Inspectors From Soliciting Real Estate
Agents For Client Leads?
Good Question! This question has been
raised and discussed with ASHI National. The response has been that ASHI does not want to
dictate to its members, how they should obtain their client leads. This is unfortunate for
the home buying consumer.
What Can Be Done To Prevent This Potential
Conflict Of Interest?
Do not ask the real estate agent for the name of an
inspector. Do not accept any short list or recommendations from the agent. Do a little
research and choose your own inspector. The best source for referrals will come from
people who do not have a vested interest in the sale, this includes your attorney and past
clients of the inspector. Remember, it's your money and your potential future home.
Choose your inspector wisely.