Special offer
Annette Lawrence , Palm Harbor, FL 727-420-4041, Making FLORIDA Real Estate EZ  (ReMax Realtec Group)

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Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Representing the seller, I would not get involved in the buyer's selection of inspectors or stand in the way of getting an appraisal done that is ordered by the buyers lender on the buyers behalf. If there are issues arising from these services, then the contract should guide the parties to a solution. 

And representing the buyer, I would not only give them several inspectors to inverview and choose from but also let them know they can work with anyone of their choosing. I don't think we have an influence on choosing the appraiser. 

Jan 27, 2018 12:41 PM
Rainmaker
758,035
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

I know a couple inspector's that are trouble; we call them alarmists. Unfortunately I can't seek to bar them from the property.  For one, I wouldn't open up that can of works with the seller. Moreso I'd be afraid I would be accused of discrimination. I would handle this by talking to the buyer's agent- telling him or her why I felt the way I did & seeing if I could get them to change out inspectors. I've had a couple agents change out a bad attorney based on the info I gave them. Best to try & work together to make things work.  

Jan 27, 2018 12:39 PM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Is the Buyer "yours", or is the Seller "yours"?    We don't have dual agency in Florida, so they can't both be "yours".

Jan 27, 2018 12:12 PM
Rainer
465,498
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

Annette, I am not sure how you can prohibit the inspector that the buyer wants to use or the appraiser that the lender ends up with.

In those situations I would let my seller know this deal may not happen and that we need to be ready to find a new buyer.

Not sure what else you can do.  If you prohibit the inspector or appraiser, the current deal isn't going to happen anyway.

 

Jan 27, 2018 10:49 AM
Rainmaker
2,220,654
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

That's a very dangerous slippery slope. I personally would not get involved in such activity. Consult with an attorney to make sure you are not violating clauses in the Purchase and Sale Agreement.

 

Jan 28, 2018 06:38 AM
Rainmaker
1,844,301
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

If I knew that an appraiser or inspector were 'incompetant' IMHO I would. In writing is a good idea.

Jan 28, 2018 05:55 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

We get "Seller Written Instructions" at the time the Listing Agreement is signed...

Jan 28, 2018 04:49 AM
Ambassador
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

In our states, it absolutely is the right of the seller to allow or disallow certain agents from entering their home. However, once under Contract, banning particular inspectors/appraisers is not allowed.

That said, if your seller feels strongly about this particular inspector or appraiser, then, by all means, add this to the Contract. Anything at all can be negotiated - just do it when you're putting together the Contract.

Jan 27, 2018 09:40 PM
Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

If the buyer is paying for it, it's their choice whom they use. And there is never any control over an appraiser. Bank orders them and they don't even know who will show up at the end of the day.

Jan 27, 2018 01:02 PM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

you cannot select or reject a home inspector!!  the seller has no say in this...and your ass will get kicked for interfering....  

Jan 27, 2018 12:45 PM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

That is not your decision to make nor is it the sellers.

Jan 27, 2018 12:41 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Are you a duel agent here?  Best to do as the law states and remain neutral.

Jan 27, 2018 12:04 PM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Do you mean your seller accepted the offer?
I doubt I would take that path. We don't yet know who the buyer will choose for the inspections. There is a time to poke the bear and a time not to poke. I 100% agree and understand our job is to represent our seller clients. 

Jan 27, 2018 11:41 AM
Rainmaker
1,503,008
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I work with repeat sellers, that's part of the beauty of what I do.  We have a short list of inspectors who are absolutely not allowed on the property.  In CA the seller has the right to deny certain types of inspections and inspectors.

 

This inspector was a complete imbecile that gave real estate advise to the buyer without the agent's knowledge or consent (that spoke against the agent) and wrote up items as code violations that were grandfathered in due to the age of the house and made a big deal out of things he didn't even care about in his own house!  Complete ass-hat.

Jan 28, 2018 09:42 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I am not sure this would work or how legal it it may be. It is the buyers choice. Recently a buyer agent called me to tell me about an upcoming inspection, she told me with who and a balked. They killed 2 sales the year or so. SO i asked how you came to choose them, she said she googled inspectors. I them shared my stories of the 2 inspections. As a new buyer agent she had not been taught there is good and bad inspectors. 

Jan 28, 2018 06:25 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I have not had to deal with anything like this.

Jan 28, 2018 06:25 AM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Yes I do.  In fact I address this early on before we get to this point

Jan 27, 2018 08:46 PM
Ambassador
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Our contracts make it clear the seller must let buyers use their inspectors and have access during DD period.  No exclusions allowed.

Jan 27, 2018 02:58 PM
Rainmaker
2,781,283
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Whoever comes ...comes. I will handle it at the time. My seller expects this

Jan 27, 2018 02:31 PM
Rainmaker
4,936,716
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Interesting, I never heard of doing this but I see your point.

Jan 27, 2018 01:44 PM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

If you are Florida's typical "transaction broker" then you have no fiduciary duty to the seller, so you need to pull back giving any advice.

If you are indeed a "sellers agent" then who the buyer picks is still none of your business.

There is always a "remedy" in the contract if the seller disagrees with the inspection.

Eve

Jan 27, 2018 12:55 PM
Rainmaker
7,836,431
Roy Kelley
Retired - Gaithersburg, MD

No.

Jan 27, 2018 11:31 AM
Rainmaker
1,239,901
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Most is not up to you. You let him pick the inspector. If he misses it is not your fault. As to appraiser if you can not cover the difference between the value and accepted price that is because your client is not a strong buyer. Go find another home. 

Jan 27, 2018 11:01 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

My buyer & my seller, believe me, there won't be any issues to contend with.

Jan 27, 2018 10:42 AM
Rainmaker
5,005,659
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

If I'm representing the seller I don't get involved in a buyer's selection of an inspector or stand in the way of an appraisal being ordered by a buyers lender. Those are selections I'm not privy too. To protect your seller you deal with the cards that are dealt and do it well..you don't try and deal the cards.

Jan 28, 2018 06:39 PM
Rainmaker
900,248
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

...slippery slope; would not do anything in writing. Let them choose or provide several names and advise verbally if they go "astray".

Jan 28, 2018 12:38 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Jan 28, 2018 05:44 AM
Rainmaker
5,217,353
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Don't think I would prohibit a buyer's choice of an inspector or a lender's choice of appraiser from entry. Not enough E&O coverage, if such act is indeed covered!

Jan 28, 2018 04:35 AM
Rainmaker
1,622,432
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I do not believe you can prohibit an appraiser to come, since they way they selected is random. 

But to answer your Q: never had to do so.

Jan 27, 2018 11:31 PM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Annette Lawrence , Palm Harbor, FL 727-420-4041 I leave it to them!

Jan 27, 2018 09:29 PM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I know agents in my area that do this but it is frowned upon and can be interpreted as a restraint of trade. I have even heard of an appraiser that threatened to file Federal charges and file a lawsuit against the agent for defamation.

Jan 27, 2018 08:31 PM
Rainmaker
577,750
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

Althougn my fiduciary responsibility is to my client, I don't think this falsl within the scope of my duty.  I can't interfere with who the Bueyr chooses to inspect the property, or the financial institution/appraiser they choose. 

Jan 27, 2018 03:20 PM