As I’ve mentioned here a bunch before I’ve moved from inspecting in Oregon to Maui and there are lots of differences. One things that seems to keep coming up is the seller’s disclosure. In Oregon I’d occasionally here about it and would actually ask about it more than anyone mentioned it. Here in Maui agents act as though I should be reviewing it. Many email is to me prior to the inspection and if not that they present it at the inspection.
I don’t really build “document review” into my prices (maybe I should?) but am starting to wonder what’s standard in other areas. Over here I almost get the feeling the agents want to throw it on me so they can escape any liability. As far as I’m concerned the disclosure is up to the buyer to look over and bring to my attention anything that concerns them. All this being said, my favorite chapter in my book referenced in my signature is titled, “Sellers are a Bunch of Lying Scumbags,” which directly deals with the disclosure
I read them if they’re available. They are a few pages of (mostly) check boxes, and typically they don’t reveal much. But they can be interesting sometimes.
Don’t know about others in my area, but I always refuse to read them, if offered, prior to the inspection. If there is one available onsite, I may review it afterwards, or if my client states they read something in it that gives them concern.
The statement just before the signature line says it all… “To the best of my knowledge…”
That’s hilarious on the sellers disclosure comment. Here in Arizona I’ve got to say it’s about 70/30 and it really depends on how are agents roll. Some will present this as standard some don’t? Some ask if we want to see it? There really is not a standard here that I can see. I will look at this so that I come across open-minded and try to give them a well-informed overall view of the home it seems to go across well if I look at it. Sometimes I will use it as a simple punch list or checklist and sometimes not it is really kind of a sketchy thing.
It’s not standard in my area for the inspector to receive the disclosure.
I have had a few cases where the client has sent it to me though. I just look it over and make a mental note about anything out of the ordinary.
More information is always a good thing in my book. And I don’t see any reason why reading it would add to my liability. If anything, having it in your records reduces liability.
I have 1 Realtor, just one, in my area who always brings the disclosure and hands it to me, I have others that have asked me if I care to see it, my answer is no thank you.
Most of the time nothing is disclosed, but there are those occasions when there may be a mention of a previous leak that occured 5 years ago and that was repaired.
But as for me, I don’t ask to see it nor do I really want to see it as I always find issues that weren’t disclosed.
Occasionally I’ll have a client that wants me to pay special attention to something that was in the disclosure, in this cases I will always check it with them to put their mind at ease and to make sure anything I can see, was done correctly.
I read them if the agent provides them and I will ask my client if they received one on occasion, especially if the house is in poor condition. But if a client asks me my opinion I always tell them most sellers have sudden memory loss when they fill them out, usually not worth the paper it’s written on.
I do not seek them out. If provided I read them for “clues”. On the rare occasion they provide actionable intel, such as the home is on a private septic system (in my area, there is a wide mixture of septic and public sanitary systems).
Or, the roof may be reported to be 5 years old and has wear consistent with 15 years+. I think this is something a buyer would want to know for there may be a manufacturer defect, no warranty remaining etc. At the minimum, they can ask for the roof installation invoice and mfg’s warranty information.
Its interesting that they are so forthright. Id look at the rules for disclosures on the maui realtors association website, it may layout the difference.
Personally I would NOT read them before doing my inspection, as they may bring a type of bias to your reporting. Remember that report is from someone who is not your client.
I would write my report completely and publish. Then I would recommend the client review the disclosures after, to see if they address any of the defects or observations made in the report further.
Thats not how bias works. You can’t delete knowledge from your brain and pre existing knowledge/information leads to a type of bias, not the same type of bias we are normally concerned with but a type none the less. Its best practice to not put yourself in any situation where you have to disregard or assume anything.
An example could be as follows. The owner disclosed an issue with the furnace that was repaired, lets say if was a condension pipe leak.
During your inspection of the furnace you will not FIND the signs of this previous damage/repair but be SEARCHING for this repair / water damage. You can disregard that the seller has properly fixed this repair and write it up exactly how you would and there is no problem, or change your write up based on the disclosure which is a problem.
The maon point is why put yourself in a position where you could make a mistake. If your going to disregard everything in the disclosure completely then why read it in the first place?
I come from a different place I suppose with my commercial inspection background where document review and interview is part of the process. This information is disclosed where relevant and I have incorporated it in residential on a few occasions.
Here is a perfect example in which it was all relevant to the buyer: (I do not use the term “poor” in residential but it is defined in commercial)
The roof covering was reported to be approximately 5 years old and the metal roof panels were generally in good condition consistent with this reported age. However, there were many atypical issues or problems with a roof of this age. Many roof components in poor condition appeared to have been re-used or original (20+ years) such as skylights, roof edge coping and flashing, roof protrusions, boots and flanges. There were many sealant type repairs at various areas as well as sealant applied to many fasteners. Fasteners had multiple deficiencies. All of the aforementioned indicates poor craftsmanship or installation.
I came from a commercial background (water intrusion and commercial glazing consultant) so i understand what you are saying. I dont have any experience as a commercial “home” inspector and don’t really know how that side works.
Interview and disclosure were important for my previous work but in that situation I was typically working for the owner / builder of the property or along side insurance adjusters as a specialist/expert.
I would love to spend a day with you on some of my commercial jobs. Cladding and fenestration water intrusion issues are a constant. And challenging to attach cost estimates. Where are you located?
