Are you present at 100% of your inspections?
If not, you may be making some fellow REALTORS and Sellers angry and you could be asking for trouble.
Are you the type of Selling Agent who leaves your buyer and the inspector alone in the property while you skip off to do other things?
Most agents would say, "Holy Dereliction of Duty, Batman!" (dereliction as in recklessness, negligence.)
It's so important to supervise this that some agents hire another licensed agent to attend for them when they can't be there. The vast majority of agents plan and schedule for these inspections and do whatever it requires to perform their jobs professionally and responsibly. And not to mention - how did the buyers and inspector get in there? Did you share your code? There's a big fine for that.
Is there a state law against it? No. Does that make it okay? No. Is it a violation of the Code of Ethics? Hmmm... you might find it is once a co-op agent takes you to task on it.
Of course you shouldn't engage in conversations about the inspection details because that should stay only between the inspector and the buyers. But it doesn't mean you should disappear, either. Remember these people have been granted access to someone else's property - under your name.
And no, I wouldn't try it "just this one time." That's sure to be the instance when the buyer's children destroy something ...or when the sellers come home to find unauthorized strangers roaming about their home... or someone gets injured...or when something is damaged or stolen ...or when doors are left open. I know of a lawyer who said if you want to put yourself in an indefensible position in the event of a lost or stolen items claim, then go ahead and leave people there alone. Also, you might have your broker ask your Errors & Omissions Insurance carrier for their opinion, too.
This is considered part of your job description. A buyer or inspector should not be in a property without you.
Posted on
Thu, June 2, 2011
by Jan Pringle