Sunday, December 30, 2007

The Good, The Bad, The Ugly of Real Estate Tranactions

This blog will address the uneasy relationships between Realtors and home inspectors and the issues that affect all involved in the process of property transfer.
My first volley will be the known fact that most home inspectors need the Realtors for their continual flow of business
This in itself creates a major conflict of interest for the buyers of property and the often forgotten phrase, "A Fiduciary relationship is joined between the Realtor and the buyer." Simply stated the Realtor will in all aspects of the real estate transaction protect the buyers best interests. In most cases this is a normal course of action for the Realtors until the home inspection is ordered for the buyer.

How does the home inspector create a conflict in this simple process?

Follow this line of events...the buyer contracts the home inspector to do an inspection on the property before close of escrow. This creates a "Fudicary Relationship" between the buyer (who pays for the inspection) and the home inspector(who performs the inspection). The home inspector has the best intrests of the buyer to fullfill his part of the Fudicary Relationship as does the buyer who pays the inspector. The report is delivered to the buyer and the Realtor is upset with the inspectors conclusions. The buyer is protected by the home inspector, the Realtor in turn is not happy with the inspector and does not use him in the future.
What happened to the "Fudicary Relationship" between the buyer and the realtor? Gone!
Now the home inspector is "blackballed" in that office even if the sale goes to escrow.

Like I said, this is the first volley. There will be more!

4 comments:

Doug Miller said...

Well stated. If there were one problem that plagues the real estate industry, it would be conflict of interest. Instead of avoiding them, as is required by the law, it would seem that real estate practitioners have embraced them.

Doug www.realestateethics.blogspot.com

JD said...

Things have changed and people that buying homes 2 and 3 years ago are not happy with what they are worth today. i do home inspections in NC and SC at www.thecharlottehomeinspectors.com and www.thegreenvillehomeinspector.com
The people are trapped now in there homes. They owe more then there worth.

Maggie Lowe said...

I really admire the way you convey your ideas to your readers. You really have the talent. This is another excellent post. It was an easy read and yet managed to keep me reading till the very end. We should take care during purchasing a property

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