It's a great day here in Orem, Utah. Only 15 more days to vacation and counting..... I don't get the luxury of laying around with my beco (pacifier) watching Little Bear videos like our youngest son, Aaron. Instead, I am working hard but quickly reaching the boiling point. The pressure is building to the point that makes me want to retreat to a little Tuff shed in Montana and write a Manifesto....... My Manifesto would deal with why we as Home Inspectors are shunned by Listing Agents, yet loved by our Clients. The dilemma comes from whether or not the love of the Clients can continue to overcome the hatred of the Listing Agents.
I was a victim of the past Broker Bill saga that can be found many moons back in the MMM Back Issue archives. If you recall, Broker Bill threatened to kill my business and take my name for evil throughout my mortal existence as a Home Inspector. His venom really shook me even though I thought I could keep a pretty thick skin.
This past Saturday morning found me in an ethical situation of which I'm not sure how to handle in the future. I showed up at an inspection at 8am on Saturday morning...and I don't work on Saturdays. Why was I there? It turns out that I was inspecting this home at that time because the Sellers were out of town. That's right, my client's Agent was sneaking me in because the Listing Agent refused to allow me on the property. It turns out that Broker Bill had banished me from any of his Agent's properties...... Can he do this? Can a Listing Agent refuse to allow the Buyer to use the Inspector of their choice? Is there a legal line that has been crossed? Do I have legal action against this brokerage?
Or did I cross the legal line? As an Affiliate Member of the local Board of Realtors, I have a Supra KeyCard to gain access to the homes that I inspect. I did not use the SupraKey that morning because the Selling Agent gained access into the home. She provided access by knocking on the door for several minutes to wake up the brother of the Sellers who is living in the basement. She had left several messages the day before when she knew that he was the only one who would receive it. The Listing Agent was not against having the home inspected. Instead, she was only against having Michael Leavitt inspect it.
I entered the home knowing that it was against the wishes of the Listing Agent. If the Sellers were to come home during the inspection, I think that WWIII would have broken out. I was told that my name would not be mentioned as the Inspector, but that my findings would be reported as "Our Inspector found......".
The Selling Agent was verbally assaulted by the Listing Agent after the offer was accepted. The Listing Agent asked the Selling Agent who she was going to have inspect the house and the Selling Agent said, "Michael Leavitt.... He does all of my Client's inspections." The Listing Agent then said "He has been banned from inspecting our listings and we only have two approved Inspectors with our office." The Selling Agent said that she did not have a say as to who her Clients chose as their Inspector and the Listing Agent exploded. It was at that point that the Selling Agent realized that this was futile trying to talk any sense into the woman and she left the scene..... That is where the covert operation began.
Now I ask you....... Can a Listing Agent ban an Inspector from a property legally? By doing so, is some line crossed? I realize that by doing so they make themselves look like they are hiding something. I think that a major lawsuit could result if a Buyer was swayed from using me and then moved in only to find that the Inspector they settled for missed or under-reported items. The Brokerage would definitely be found negligent.
Am I tresspassing if I know that a Listing Agent doesn't want me onsite?
Or does the fact that my Clients have an accepted offer that states the acceptance of the Inspection Contingency allow me a legal reason to be there?
Can a Listing Agent specify in a contract that I am not allowed onsite? Or is that an unfair restriction of business?
If you were in my shoes would you expose the whole situation and exacerbate the ill feelings that are flowing from Broker Bill? Or would that be committing business suicide?
Does the whole situation just plain stink and is there is any relief?
As you read this I will be discusssing the situation with the Executive Director of our local Board of Realtors, although I don't think there is anything I can do.... Maybe there is some ethics violation. The last time I spoke with him about Broker Bill I was told that he can do whatever he wants with his office.
I look forward to your feedback before I discuss the situation with the legal council for the Utah Association of Realtors..... I need to know where the legal and ethical lines are so that I don't put my business in harms way...... The only redeeming event dealing with this inspection is that the 11-year-old home had numerous challenges and my Clients love me for the work I did...... The Listing Agent's reputation is tarnished because my findings now make it look like very deceptive practices were employed.
"Please share your thoughts before continuing with this action-packed MMM"
Your Name:
Michael Leavitt--- How timely your request is!! Only yesterday (yes, yesterday) I inspected a 2500 square foot, 3 level condo, in an exclusive neighborhood (Price $380,000),built on a steep hillside, brush covered, with friction pilings for support---no foundation walls.
The owner was present. Her face, voice, and manner spoke of lots of money, too many cigarettes and having lost too many bouts with the bottle. Her carpets were near white with shoe parking space inside the front door. I told her that it would simplify things for me to do ALL the outside data gathering first and then come inside. She followed me around outside asking a continuous stream of questions and explaining how wonderful her house was. She advised me to hurry, as she had an appointment in less than an hour!!! This inspection had been booked through a realtor and I had had no previous contact with the seller. She was horrified when I predicted it might take 3-4 hours to do my inspection---she thought 1-2 hours should be plenty. I told her no way and suggested I leave until I could get clearer instructions from the buyer or buyer's RE agent. She go much nicer---decided she could postpone her important appointment, etc. By the time I was done (actual time 3 1/2 ! hours) she was downright pleasant to deal with, and even told me she would need my services soon---for another house she is going to buy in this area!!
The best line I have developed for those who want to follow me around goes like this: I tell them that I am one of those people who cannot concentrate on any mental task and carry on a meaningful conversation at the same time. I am not anti-social---it is just that if I am to do a SUPERIOR inspection I can not visit at the same time. Buyers usually understand and leave me alone. They want their money's worth!!. Sellers, well---.
Kids? In four years of inspecting I have only had kid problems once or twice. In those cases, I took the parent aside and told them gently but firmly that I have serious work to do and that if I do a sloppy inspection due to interference it will NOT HELP THEM SELL THEIR HOUSE!!. So far that strategy has worked fine.
My worst problem seems to come from the "meeting" syndrome. That's when buyer, seller, and both realtors are present, plus assorted neighbors and friends, and they ALL want to ask questions. All that mess can stretch a 3 hour inspection into 6 hours very easily. I try not to offend anyone---and it is tough. People are on an emotional high and want to socialize as well as get serious!!
Any of you got suggestions on that one? Author Unknown
"What are your Suggestions for Inspection Parties?"
POSTSCRIPT: Michael----I am the culprit who wrote about the 2500 sq ft condo with white carpets and a gabby seller. Two days after that inspection, the gabby seller called me with a request for me to inspect a new house she is buying---same neighborhood, probably a $400,000 house. So, what started out looking like a very undesirable lemon turned into a barrel of very nice lemonade!!
Thanks for taking the time to find the author (me).
Steve Jordan on the legendary Oregon Coast.
Ok, for you Johnny-come-latelys, here's da deal. You'd be best off clicken on last week's MMM for part one. But if you're too busy to read the first part, I'll fill ya in. I came into the office early, about 10:30 am. The answering machine lights were winkin fast and hard. I had a funny feelin, but I pressed play. It was old Rolanda of Ray and Rolanda's Righteous Realtyrama with a little job for me. It turns out I hadda do a little inspection on a condo for pretty and perky Paula Primer that afternoon. The story picks up as I'm pullin up to the condo…..
Roundin the corner at 5th and Green, I caught a glimpse of Rolanda standin on the porch. What I really saw first was the sun glintin off the big rock on her pinky finger. I never seen it before. Boy, her and Ray must be havin some year. Her hair used to be black. It was red now. In fact, she was all red. Her lips looked like she was bleedin, and her cheeks weren't much lighter. The extra pounds she'd been packin on were easy to spot with that horizontal striped blouse Rolanda was wearin. It didn't go to well with the pink herring bone short shorts, but what the heck. I don't think the fashion police were out in force that day. Another dame came out onto the stoop. All of a sudden I couldn't see Rolanda there no more.
Right away I could see where pretty and perky Paula Primer got her rep. Paula's blonde hair was cut short to her roundish head. Her face looked like a little pixie doll, all smiles with piano ivory teeth and eyelashes that waved to ya when she blinked. She had all the parts she needed, without an extra ounce of her to get in the way. And man, could that lady dress. She was wearin a black and white suit with small checks that definitely didn't come off no rack. It was tailored all the way. Her top was sheer white silk, with ruffles down the front and black buttons that matched her black choker pearl necklace. The black spike heal shoes set off the deep tan on the best pair of legs in town. I knew I was there for a reason, but for just a minute I couldn't remember what it was. Lookin at Paula was gettin a bonus without even startin the job.
Rolanda waved me up to the stoop and made with the introductions. "Paula, I'd like you to meet Punky Mudsill, one of the eight best inspector's in town. If anything is outta whack with your new little castle here, Punky's the guy to let you know".
I smiled my best Cary Grant smile, and shook Paula's hand. I got those vibes, ya know. I think she kinda liked me. "I looked at hundreds of condos just like this one, Paula. I'm gonna scope it out real good. Meanwhile you go decide where the furniture goes. I'll be back with ya in a couple of shakes. It don't take too long to scope out a little condo when all ya own is from the paint in. You could be makin out a check for $200 while you are waitin, and then you can be getting back to your day before you know it".
Rolanda and Paula went inside, jabberin like excited women do, while I started to scope the outside. The roof and the windows looked great, but the siding didn't look so hot. It sorta looked like wood, but not quite. And the bottom of the board, coverin the top of the board below, was fat in some places and thin in others. I knew right away something was wrong. Ya can't pull the rock wool over old Punky's eyes.
Well, I'd seen all I needed to outside,and in a flash I was in the premises. Inside looked slick as a whistle, but I went around turnin on a few lights, openin a few windows, just to make the broads think Paula was getting her money's worth. When I got into the kitchen, I noticed a little spot on the ceiling. Not having a stepladder, I grabbed the cloth covered dining room chair closest to me and stood it under the spot on the ceiling. I hopped up and felt the ceiling stain. Wet. Humm, last time I checked, it wasn't supposed to be rainin from up there on the second floor. When I hopped down, I noticed the outline of my shoes on the dining room chair. The color was similar to the flower bed dirt outside. Lucky for me, the condo had a key box. Coulda been someone else…….
Knowin I was onto somethin, I bolted up the stairs, two at a time and turned into the bathroom, which was just over the kitchen. The floor around the water closet (the can, for you uncultured schmucks) was wet. I pushed down around the edge. Opps! A hard push might have gone right through the floor. Lucky Rolanda didn't have to come in here to use the facilities. She'da been queen of the kitchen, sitting on her new throne. I had all the information I needed. My work here was done. Too bad Paula had to keep lookin, but them's the breaks. I didn't think killin the deal was gonna go over too good with Rolanda, though. I figured I was lookin at number 9 on her list again.
I called the ladies over and told em about the siding. Then I told em about the water spot on the ceiling in the kitchen and the floor in the bath above. I figured that killing the messenger was about to commence. I sure hoped that check was already made out.
One thing about dames is they never stop surprisin ya. When I was done talkin, they was still smilin. Even Rolanda was as nice as June Cleaver when Ward come home in the evening. Very strange, but who cares! I was preparin for a chewin out, but I got milk and cookies instead. "Punky, you really are the best. You saved me money, time and grief by findin what you did. I might not buy this one, but if I look at others, I'll make sure Rolanda gives you a call. I want you to be my house detective from now on," Paula said, wavin them lashes at me. "I have your check right here, and I added a little bonus. Just give me a receipt for your fee, and make sure to write on it, "For inspection of the condo at 5th and Green," and put today's date. And Punky, I know all I need to know. You don't need to trouble yourself with writing up any old report".
What a day. Paula gave me an extra hundred bucks, Rolanda smiled and told me she would call again real soon, and I got up close and personal with the finest dame in town. It was just after two thirty. By three I would be sittin in the corner joint havin a couple a pops and reflectin. Is this a great life or what?
Will Paula buy the condo, knowing what she knows now? Will Rolanda go on a diet and upgrade her wardrobe? Will Punky get drunk and rolled by Bette Yacan down at the corner joint? Was this job Punky's big break, and will everything 'be comin up roses" in Punky's future? The important questions will definitely be answered in "Hooda Ever Thunk It", Part Three. Click on the MMM for next week's exciting, continuing adventures of the Occasional Chronicles of Punky Mudsill, alternative to the professionals and house detective Extraordinare.
The challenge has gone out on many of the Home Inspection forums to share/find some FHA Appraisal horror stories. The hope is to bring the "This home was appraised so you don't need an inspection" fallacy to light so that changes can be made to the consumer's perception. This article was published: Tuesday, August 8, 2000 - Home Horrors - The Daily Herald Co., Everett, WA. This newspaper article can be found online at: http://www.heraldnet.com/Stories/00/8/8/12847152.cfm
By KARL SCHWEIZER - Herald Writer
TULALIP -- Theresia Rieman fell in love with the beachfront house on the Tulalip Indian Reservation. It was spacious, had a big yard, and was affordable to the single mom, who had scrambled for years to make a life for herself and her son.
She bought it -- and quickly learned that her piece of the American Dream was a house of horrors.
Housing officials call her case one of the worst they've seen, a lesson to anyone buying a home that they need to check everything out. It's prompted a federal investigation.
About seven months ago, after she and her 17-year-old son, Joey, moved in, the ugly truth was first delivered on the feet of tiny messengers -- ants that swarmed by the hundreds from the walls and electrical outlets of the house. They crawled in her refrigerator, over countertops, in her dresser, and bit her and her son from head to toe.
Pest sprays couldn't cure the problem: The vermin were drawn by raw sewage that faulty pipes dumped on the ground under the house. The smell gave mother and son headaches.
"We'd sit there, Joey and I, and say 'What is that godawful smell?' " Rieman said. "Later we found out that was the methane gas leaking into the house."
The problems mounted. Rain revealed leaks in the roof. A baseboard heater stayed off because it would burn the carpet. A bathroom heater was detached from the wall, wires visible and wrapped in masking tape. Just touching them made sparks fly out.
To cap it all, it appears some of the tribal lease documentation could have been forged, prompting the Tulalip Tribes to ask her to get off the land.
So she has. Last week she packed up and left the house, handing it over to the bank, leaving her with nothing but a tarnished credit record and advice for others looking to buy.
Be careful from the beginning.
In October Rieman started looking for a house after renting for years. She scraped up enough for a $1,500 down payment for a special program for first-time home buyers through a loan insured by the Federal Housing Administration.
She bought it from a bank, and the bank's selling agent assured her there were no serious problems with the plumbing. Her house was appraised and signed off by the FHA.
She trusted the system.
After she moved in and discovered the problems she tried to have the bank make plumbing repairs. Three weeks before the home sale a plumber hired by the bank sent a letter to the bank's agent letting them know that the bathroom shower and toilet were not properly vented, a procedure that could cost up to $3,000.
The bank's agent declined to talk about the case with The Herald.
To make matters worse, a tribal attorney called Rieman and said the lease on her property appeared forged, because he had received a copy of a 40-year lease and the tribe offers only 30-year leases. She would have to move off the land and take the house with her.
Rieman probably would have to move out anyway. She got help from Pat Mann, an Arlington building contractor who learned of Rieman's problems through a friend. Mann looked over the house and deemed it unfit for humans.
"There were so many problems with it, I hardly knew where to begin," Mann said.
The problematic plumbing and insect infestations should have been pointed out to Rieman and reported to the FHA, which insured Rieman's mortgage, Mann said. Any one of the home's numerous faults would have stopped FHA from insuring her, she said.
Yet FHA may not have known the true condition of the house. An appraisal by a licensed appraiser states that the property "conforms to all applicable FHA/HUD property standards" and that the home's electrical and plumbing systems work.
At the behest of Congressman Jack Metcalf, FHA's parent agency, the Department of Housing and Urban Development, sent its own investigator to the house to check the original appraisal, said Cori Senechal, a spokeswoman in HUD's Seattle office.
HUD has asked for an explanation for the appraisal and the tribal paperwork problem. However, the toughest penalty the agency could impose would be to stop doing business with the appraiser.
Rieman's mortgage company is likely to be left holding the bag if she defaults, but it wouldn't help Rieman, whose credit would be damaged.
"I can't deny that it makes me feel like a failure," said Rieman, who now is renting a house in Marysville. "It depresses me."
Rieman could file a lawsuit against the bank, asking a court to rescind the home sale based on misrepresentation of its condition, and demanding that the bank return the money she paid, said Mill Creek real estate attorney Robert Williamson.
"The idea is, if the seller knows of defects that would be material for the buyer to consider, they have to disclose it," Williamson said.
If Rieman won, she could pay off her home loan and possibly restore her credit, he said.
But a lawsuit could take years. The expense isn't an option for Rieman, who spent her last dime trying to repair the house.
Mann, meanwhile, is looking for a lawyer to take Rieman's case on a contingency basis. Rieman's troubles are among the worst Mann has seen in more than 30 years as a contractor, she said.
"I can't shut up about it. It makes me so damn mad," Mann said. "To think that your mother or your kids could go out and buy a house and get taken like this. It just makes me mad."
You can call Herald Writer Karl Schweizer at 425-339-3452 or send e-mail to schweizer@heraldnet.com .
From the same issue of the Daily Herald came this list of buying tips.
The U.S. Department of Housing and Urban Development suggests: Choose your agent before you choose your house.
HUD has a variety of programs to help home buyers, usually low-income buyers. For example, they will provide down payments as low as 3 percent and wrap closing costs and fees into the mortgage. The HUD Housing Counseling Clearinghouse (HCC) operates a toll-free, 24-hour a day automated voice response system that provides first-time homeowners and home buyers referrals to local housing counseling agencies toll free at 800-569-4287. Households seeking additional information may call 888-HOME-4-US.
HUD also offers a wealth of information on how to buy a home without getting burned. Prospective buyers can call HUD community builders at 206-220-5104 or go to HUD's Web site at www.hud.gov. Click on "Own A Home." The Snohomish County Housing Authority offers programs for first-time buyers. The SnoHome Loan Program provides down-payment assistance for families who are within 50 percent of the median income. For example, a family of three earning $59,200 or less qualifies.
HomeSight, a nonprofit organization, handles the program and education classes at Everett Community College. For an information packet, call 425-672-2445.
Last week's photo was an adventure into a misapplication of building materials, or was it?.....
To be honest with you, it sounds like a great application. Not much different than stuck on the wall, the slope is just not as steep. We have all seen wood shingles on the side of homes, why not lap siding on the roof? Ken Ives - Sacramento, CA
I have never seen siding on a roof. I would suggest that they check to see if this material was approved by the manufacturer for this application and if it was installed according to the manufacturers installation specifications. I would offer to do the research for them on an hourly fee basis. Jon Gudnason - Placerville, CA
RAFTER VIEW
This week's AII™ Photo Challenge is a test of construction methods on brand new construction.... You are in the attic looking down the wafter towards the vented soffit and fascia...... What is wrong with this installation???
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