Originally Posted By: rray
This post was automatically imported from our archived forum.
The Leko decision of January 2001 in California touched on many of these issues and creates lots of problems for home inspectors which many of us are still trying to solve.
In California under most CAR purchase contracts and under state disclosure laws, the buyer has every right to see a pre-listing inspection report. And they usually do. So while the pre-listing inspection primarily is for the seller, it obviously is for the buyer as well due to disclosure laws. And therein lies the problem. Most listing agents don't want a pre-listing inspection just in case something was missed. They want everything to be done by the buyer's home inspector so that they can blame the buyer's home inspector if something was missed. Sellers cannot force buyers to have a home inspection, and because of disclosure laws, buyers truly might decide to rely on the pre-listing inspection (whether due to ignorance about real estate and how it changes, a new agent without experience, lack of money for their own home inspection, or whatever). Therefore, listing agents don't get pre-listing inspections because of the possible liability involved.
What we home inspectors are doing to try to prevent abuse of pre-listing inspection reports, as well as third parties using traveling home inspection reports, has not been tested in court, at this date, to the best of my knowledge.
If you would like a copy of the Leko decision, let me know. I have Word and PDF files.
Home inspections. . . .
One home at a time.