Is this a conflict of interest?


When something is “illegal”, a choice has already been made for you.

The question of “ethical behavior” takes into account that some wrong activities can actually be legal in certain jurisdictions. Professionals who agree to be bound by a code of ethics will agree to comply with that code so as to bring credit (and public trust) to their profession.

Many will go so far as to avoid even the appearance of unethical behavior for the sake of public opinion and how it may reflect upon their profession and their business.

Ethics allows for choices, to which we are accountable. In certain respects, we are accountable to the public for the choices of others. This is why we all cringe when a television station films the horror story of the “terrible home inspector” who ripped off a poor single mom trying to raise her kids, or stories to that effect. We know that when the report is on a “home inspector”, that it represents all of us in the minds of the viewer.

So…we have a forum and a means of discussing with one another what some of our choices might be/should be in certain circumstances. I think we all benefit from these discussions, no matter which position we may take.

Each Friday night I go out to eat with about 50 attorneys. We go to On The Border for Mexican food and margaritas (had one of their new pomegranate margaritas last night–yummmmmmmy). As one of the attorneys told me, “A conflict of interest only exists if one wants the conflict of interest to exist.” For those four people whose reading comprehension is poor, that means that disclosure, disclosure, disclosure to the Client, with the Client acknowledging in writing that someone somewhere thinks there could be a conflict of interest, trumps any actual or perceived conflict of interest. Provide one’s Clients with

choices, choices, choices,

and let them decide.

I like my attorney friends. :mrgreen:

Very good point.

Disclose, disclose, disclose, and get acknowledgement of that disclosure in writing indicating that the Client acknowledges that someone somewhere thinks there could be a conflict of interest.

However, one can also practice civil disobedience. King George II does that quite often with his signing statements. The best civil disobedience that comes to mind is Rosa Parks.

Fortunately, JB isn’t the only one in the world who gets to define what are “wrong activities.” Thank God (and I don’t even believe in God, but I’ll thank him anyway for this one!)

Well, apparently not all of us. I seem to remember a recent thread where you were recommending that someone else set up home inspectors to get media exposure:

Trash in, trash out.

You may want to avoid that attorney. He seems to be a bit loose in the ethics area.

Disclosure does not resolve the conflict of interest, you still have a conflict of interest, it just means your customer is OK with it.

Before you go attacking reading comprehension again (I take mine very seriously;) ), you may want to realize that your ethical positions may not be the same as everyone else’s, and so we may all disagree as to how we would operate our businesses. I find it very interesting how someone who disagrees with you does so because we ain’t read’n so well.

Jeff, you have probably just published the biggest understatement in the history of this message board.:smiley:

He wasn’t the only one. We had 54 attorneys, two spouses, and one home inspector. It was unanimous last night.

We’ll agree to disagree on that one.

You’re not on my reading miscomprehension list. Those who are, know who they are.

There’s the toilet saying “Don’t **** here.” :mrgreen:

Im reading these posts and find it amusing that the inspectors think this would be a conflict of interest. Sounds like you have already written this guy off as being somehow unethical and not able to distinguish between what is right and wrong as an inspector. I’m a Realtor and also an inspector and have set guidelines not to participate in any inspections from my own company at all or any properties that I may have an interest in as a Realtor, selling or listing.
As long as he can keep that separation there should be NO conflict of interest on his part and he would have every right to inspect other properties as long as he was qualified to do so.

I have had the pleasure of selling a home a couple times when my listing agent also represents the buyer and personally I think that s u c k s and I feel it is a conflict of interest. Will it ever change? NOPE. it is what it is. Keep on, keeping on

You might be surprised. Representing the seller and buyer on the same property is, I believe, illegal in a couple of states.