Henderson and Las Vegas Real Estate

This is an update from Paul at Spectrum.

I would like to thank the many people who responded to my request for guidance and provided me with input. Most of the guidance and direction recommendations that I received were very similar. However there were a wide array of suggestions that ranged from, "Do nothing; you're just the home inspector," to "you must take this issue to the state legislature to ensure this type of thing never happens again." Some people thought we were over stepping our boundaries as home inspectors while others complimented our involvement.

A great many people recommended that I take the issue to the agent's broker or to the GLVAR or Real Estate Division. During my twenty-one years in the military one lesson I learned was that the proper initial course of action is always to try and resolve problems at the lowest level. This is what I did.

When I called the Listing Agent and spoke about the potential liability he may be incurring by not disclosing material information that he should disclose in accordance with the "Duties Owed" he was very grateful and receptive. He went on at great length about how he is buried with REO listings and appreciated me bringing this issue to his attention. He is a good guy, trying to do the right thing, and did not need to be either reprimanded or incarcerated.

He sent an addendum to the Selling agent disclosing that the home was plumbed with Kitec. He also sent the Selling Agent copies of all the repair orders, documentation of the repairs that were accomplished, and even forwarded the results of the post mold remediation testing that was performed. It appears that his actions to address the damage and the mold were done by the book. The buyers were very grateful that nothing seemed to be glossed over and now feel that they received the level of disclosure they were entitled to receive.

We also discussed with the Listing Agent that because the home was built by Woodside Homes who is in bankruptcy that the presence of Kitec may become an appraisal condition because it affects the habitability of the home, even on a conventional loan program. We suggested the Listing Agent contact the Asset Manager, request that the Kitec replumb be accomplished prior to title transfer at the bank / current homeowners expense, and to have the prospective buyer sign an agreement that assigns any remuneration from the class action lawsuit to the bank that paid to have the replumb accomplished. Everyone involved thought it was a good path of resolution that created a win / win situation and went off to their legal counsel to verify that this was something that could be done.

The buyers are willing to move forward with the transaction once the replumb is accomplished and will have a better than expected 25 year warranty on the plumbing system. All the repairs the Listing Agent had performed were professionally accomplished and this was confirmed during the course of our inspection. The buyers are now looking forward to spending the Christmas holidays in their new home.

For those of you who suggested that we, the home inspectors, should have stayed out of the fray because we were over stepping our boundaries; I disagree. Times have changed and the home inspection industry has advanced remarkably in the last ten years. This means the value of home inspections has increased dramatically.

Gone are the days where if someone wanted to become a home inspector you needed to look no further than the advertisement section in the back of a Popular Mechanics magazine for the "You Can be a Home Inspector" ad that was usually listed right next to the "Truck Master School of Truck Driving" ad. More and more the home inspection industry is becoming populated with intelligent, clear thinking, and conscientious professionals who not only uncover problems but offer solutions to the problems.

That's not to say that the deplorable $99 checklist report style inspectors are not still out there. They are. To ensure that you have the opportunity to meet one of those guys all you have to do is give you clients a list of three inspection companies to pick from. They will shop for their inspector based on price and bring one of those guys to your next inspection.

The age old axiom of "refer no less than three inspectors" is an archaic holdover from a time when literally all inspectors were providing substandard inspections that could be counted on to omit items of significance and agents needed to provide separation in order to limit their liability.

A great home inspection will not only uncover all the significant problems with the home but will provide you with a course of action or path of resolution for addressing the issues.

Our proactive involvement in this situation prevented the buyers from walking away from a home they truly wanted to purchase but did not want to inherit the proverbial Tom Hanks and Shelley Long money pit. Both agents in the transaction were delighted at the level of involvement we provided. The Selling Agent referred her buyers specifically to us without giving them the "list of three" and we reflected well upon her. There is no question that when this new homeowner has friends, relatives, or associates who are looking to buy a home that they will refer these people to this agent.

Don't you love a happy ending?