State law removing RE agents from inspector selection

Originally Posted By: dlagace
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The state of Massachusetts has enacted a law requiring real estate agents to distribute brochures published by the office of consumer affairs educating consumers about the home inspection process. In addition, real estate agents may not directly recommend a specific home inspector but may provide a complete list of licensed home inspectors prepared by board.


Originally Posted By: jfarsetta
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It is my understanding that the Mass law pertains to Sellers agents only. If this is true, then Buyer’s agents are free to do as they please. Now, where dual agency is involved, I suppose the law blankets both the buyer and seller’s agent.


Buyer's agents typically recommend the HIs.

I will deferr to Nick's expertise on the matter...


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: rmoore
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If this were for all agents (buyer’s and seller’s) then it’s a double edged sword.


Some will laud removing the realtor from the mix to create a level playing ground and it will certainly help the newer inspectors. It will also mean that unscrupulous agents will no longer be able to automatically get a soft report from their pet "realtor friendly" inspectors or franchises. That, of course is a good thing.

On the other side...I actually believe there are a lot of good realtors (despite the opinions sometimes voiced on these forums). These agents do care about their long term relationships with their clients and realize that a thorough inspection, even one that "kills" the deal, is in everyone's best interest (OK...maybe not the seller). These agents may have a very short list of HIs they know will provide a thorough, professional, timely, understandable, courteous, informative inspection. The law would prevent a good agent from recommending a good inspector and, instead, their clients would be left to the mercy of chance and could end up getting one of the "soft" inspectors, an a$$, or someone who just manages to scrape by each exam.

A year or so ago, when I was less than busy, I would have yelled "Great Idea!". Now, I think it would actually penalize me. I have built up a relationship with, and get steady referrals from, a number of agents, not by providing soft reports (I've "killed" deals for almost all of them), but by being very professional, punctual, flexible, and even a little "fun". They also appreciate the clarity of the reports I produce for my clients. Some have hired me to inspect homes they were buying themselves, which I believe speaks volumes.

It does seem unfair that ethical professionals would not be able to protect their clients by recommending an inspector that they know would do the best job possible. On the other hand it would be nice to break the stranglehold some "friendly" companies have with certain brokerages.

So...I'm torn. It's unlikely to happen here in the near future as licensing would seem to be a mandatory prerequisite and we don't have it, yet. If it does, I would like to see more of a "guarantee" that a buyer will get a good inspector rather than just removing the realtor. I can see the very expensive, flashy full page ads in the yellow pages now, and I don't want to.


--
Richard Moore
Rest Assured Inspection Services
Seattle, WA
www.rainspect.com

Originally Posted By: Nick Gromicko
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A guy by the name of Dennis R. tried to put it thru for all agents in Mass.


I argued that buyer's agents (those agents working for buyers not sellers) should be exempted.

He lost on this point. I won. Buyer's agents got their exemption as they should have. I was a buyer's agent (REALTOR) with RE/MAX for many years. Like attorney's representing their clients... we are paid to give our clients our best advice... including advice about home inspectors.

I did and do agree with Dennis R. that sellers agents should not be permitted to recommend inspectors. Nor should consierge programs be legal. I like the licensed list idea too. We kept the good parts and deleted the bad parts of the law. I support it overall.


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: dbowers
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Unless I’m mistaken this is old conversation - I think this was tossed into the MASS law several years ago. Dennis Robitaile pushed it and was the driving force behind it.


Originally Posted By: Nick Gromicko
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Correct, old news.



Nick Gromicko


Founder


dues=79cents/day.


I much prefer email to private messages.