I will hopefully be buying a house in the next couple years and was wondering if it was conflict of interest to do a inspection for your self when you buy or if you want one done do you have to hire some one else due to conflict of interest because you are the buyer
Depends on the state and their laws. For example, I believe NY does not allow anyone to inspect a home they have a vested interest in, and yes, purchasing the home is definately a vsted interest!
Yes, Florida is the same way…
Doesnt make sense to me. If a home inspector believes he is the best around, how could he bring himself to pay someone else to do his inspection??
Two words… Fraud Prevention!
Yeah, but a home inspection report is only as good as the negotiation process. It’s up to the listing agent and seller to negotiate based on a report, no matter what’s on it.
Where does it say in the Purchase Agreement that Negotiations are required after an Inspection Report is issued?
Negotiations are a seperate phase of the process, and can happen without an inspection, and only really happen due to the Agents on both sides attempting to preserve their respective paychecks!
Look at the results of a typical negotiation, it sure isn’t the buyer or seller that wins! Any consolation is rarely significant.
Yes, that was my point about the fraud prevention. Negotiations can be done with or without a report, no matter who performs the inspection.
I would just want to do my own inspection so I know what I am getting into.
I dont believe inspectors are allowed to do their own 4 point reports, which could, obviously lead to fraud. But thats a separate issue.
Yes, same but different!
Honestly, if you are a home inspector, you really shouldn’t need to do an actual “inspection” with a report and everything. Just spend some time there and write down anything you want to negotiate on. Then, negotiate on it (if the seller is willing to negotiate).
Agreed. I would just ask the seller to let me spend some ‘extra time’ looking at the home… if I’m not doing an inspection report, where’s the conflict of interest?
I would definitely be doing my own ‘inspection’
There really is no conflict of interest. The OP’s interest is in getting the house as cheap as possible. The more issues he finds, the higher the potential for getting the price lowered. The seller is under no obligation to negotiate, so can refuse any requests.
I don’t see how doing “the most thorough inspection ever” (because it is for yourself) could ever be a conflict of interest.
To me, conflicts of interest occur when you don’t do a very thorough or truthful inspection because you stand to gain by the deal getting done. For example, your wife is one of the agents, or the seller is a relative, etc.
Which is why I don’t understand why some states don’t allow an inspection by someone involved financially.
(Should be an exception if it is for personal purchase)
Maryland law says:
“Only home inspections performed by Maryland licensed home inspectors will be recognized
as a valid home inspection under a real estate contract”. §16-4A-01
The contract usually stipulates a report as being necessary to bail out. The report can only be done by a licensed home inspector. Nowhere does it say you can’t do your own for a purchase. A conflict of interest arises if you stand to profit from the sale of a property you inspected, but a smart buyer will always get their own HI.
I dont believe inspectors are allowed to do their own 4 point reports, which could, obviously lead to fraud. But thats a separate issue.
I’ve done the four point, wind mitigation, and home inspection, on the house I own and the house my wife owns. There’s a difference between presumption of fraud, and actual fraud. Actual fraud requires proof. I dare anyone to try and prove that fraud was committed on any inspections I performed on either home.
As a Florida resident, I see no issue inspecting your own home when purchasing. I’d check with your insurance about doing the 4 Point and Wind Mitigation yourself. My insurance didn’t care cause they were going to send a 3rd party out to get their own data/pictures regardless. That is if you’re looking in FL.
Well that’s all fine and good, but don’t call it an inspection as you are not allowed to inspect it as listed in the statutes, if you’re licensed (financial or transfer interest).
Yeah, different states have different laws. The purchase agreement here in Maui states that you can hire an inspector or do your inspection yourself which was nice. Sure, you could make things up to negotiate but when the seller brings out a contractor to “fix” what you say is wrong it would sure hurt your credibility and the transaction as a whole.
Good to know. Of coarse a report and all wouldn’t be needed but I guess when it comes to negotiating with a seller it makes a little sense. A 2nd set of eyes never hurts.
Agreed…
Out here in the Wild West where we all just do what we want, I actually hired a HI to inspect my home prior to our last purchase. Primarily to avoid “new home” syndrome. He was alright but as we all do, missed a few things. The most recent home I just did the inspection myself. And as we all do, missed a few things.
We can’t all be like Mike Holmes and spend two days with a team of six guys on a home inspection.