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Is this even legal?


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Just got a call from a client whom I was going to inspect a house for this week. First some background.

'D' is my client

'D' does NOT have a agent

'D' agree to use the sellers agent to complete the process

'D' and had agreed on a price, made an offer and was given the contract to sign

'D' hired me

'D' sellers agent demanded that one her her inspectors be used

'D' refused

'D' was informed, unless one of the sellers agents inspectors was used, the home would be more expensive, almost $10,000 more.

'D' told them to pack sand and never signed the contract.

Can a sellers agent or even the seller make such a demand? I know it's just plain stupid in this market and unethical, but is that even legal?

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They advertised it at X price and now say that unless their inspector is used they will raise the price? Sounds like a bait and switch to me. I'd bet it's not only illegal but the agent might be putting her license in jeopardy. I bet the agent is trying to help her favorite agent survive this downturn so she doesn't have to train another one in the fine art of suckupism.

OT - OF!!!


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'D' just called me back and gave me more info. First the price increase was from $750,000 to $825,000. Then she asked me about a comment the agent said. As reported by a previous inspector, the home has it original 1989 Polybutylene piping, but that was acceptable under the code at that time so it's OK.

Sounds like someone just saved themselves a lot of money and heartache and potential money pit. I wish I could inspect it just to see what else is being hidden. If they want to add $75,000 to the price for a home to allow a home inspection, that tells me they expect to get hit with $75,000 in repairs.

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Too many variables to answer question. At the least, it is confusing. Remember in this business there are no friends.

My opinion, the potential buyer made the wrong move to start with. (Bonnie will love that sentence!)

When things get slow everyone can sell/buy real estate and inspect houses - just ask them!

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BTW, 'D' has decided to back out of the deal. They are going to wait until after chirstmas and when they start shopping again, they may get their own agent plus they are at the least going to get advice of a RE Attorny to get more info. So fo them it's a lesson learned, but not at a cost.

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Have you seen a shift in your "attitude" during the past year or so? The question is posited in the context of your not entertaining as many homebuyers as in the past.

The legal stuff always kinda sticks in my craw. Why do people think they can be afforded the privlidge and protection of the law and then rely on non-experts? Several seasoned posters on this forum understand all real estate agents are not bad and all attorneys are not snakes.

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Well, I ain't REALLY interested. Got my own doom and gloom to deal with! I ain't REALLY got the time. I've got a lot of studying to do for a test I have to take tonight.

BUT YOU KNOW, I enjoy your dang writing so much that I did just that and more than one article popped up. Well, I just had to read several of them. I just couldn't resist.

Guess I'm easily distracted. That's probably what I was doing here anyway when I should have been studying.

I appreciate the break, the good humor of your old articles, and thank you much.

Now I really got to get back to studying. Anybody know an easy way to calculate the Natural Air Changes per Hour without all that algebra stuff?

Or do I. There's a few more threads here I haven't read recently.

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