By Barry Stone
Dear Barry,
Disclosure of property defects is an essential part of my business. As a professional Realtor, I don't want to be liable for problems that surface after the close of escrow. To protect my clients and myself I always choose the most thorough home inspector available. But now, agents are being warned not to recommend any particular inspector, but to give a list of inspectors to the buyers and to let them choose. The problem with this approach is that my clients may choose an inspector with less experience. If the inspector misses a problem, I could have liability problems later. How do you advise dealing with this problem?-Bruce
Dear Bruce,
Liability concerns have become a dominant force in nearly every field of business, and exposure runs high for those in real estate sales. Even when an agent sets high priority on full disclosure, along comes another liability anxiety to complicate the picture.
How can you ensure the choice of a qualified home inspector without influencing the decision-making process yourself? One practical solution is to provide a complete profile of each available inspector and to let the inspectors themselves dispense that information.
To initiate this process, you can request a resume or flier from each inspector, explaining that the information should be their best effort to sell themselves and their qualifications. Assemble these fliers into packets, and give a set to any client. Explain that after reading and comparing the information, they should call each of the finalists before making a decision.
Homebuyers have every reason to choose the most detailed and experienced home inspectors. By equipping them with the right information, material that has be prepared by the inspectors themselves, you can ensure the best liability protection without taking directly influencing the buyer's choice.
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