Property Inspections or Home Inspection: Who Has to Be There? โ˜˜ Hoey Team โ˜˜ eXp Realty Florida

Dated: January 13 2020

Views: 9

There are fewer rules about who should or should not attend a property inspection than many Realtors Buyers and Sellers think.
To determine who needs to be present, look at a combination of factors, including the parties’ wishes and the buyers’ and sellers’ rights under the contract.
Florida Realtors Legal Advise 2020 01 06 Who should be present for Home Inspections Hoey Team eXp Realty

ORLANDO, Fla. – by Meredith Caruso - There’s a fair amount of confusion over who has to be present at a property when an inspector is conducting an inspection for a buyer under contract with a seller. Some of the statements I’ve heard on the Legal Hotline are:

  • “The buyer’s agent has to be there. It’s required by law!”
  • “The seller isn’t allowed to be there. He/she must leave.”
  • “The listing agent doesn’t have to be there – It isn’t the seller’s inspection, it’s the buyer’s!”
  • “A buyer can’t inspect the property on his/her own. Only a professional inspector can do an inspection.”

To be clear: None of the above statements are, on their own, true or accurate.

Determining who needs to be present during an inspection involves a combination of factors, including the parties’ wishes and the parties’ rights under the contract. Let’s walk through the above statements and break down what isn’t right about each one:

  1. The buyer’s agent has to be there as it is required by law. Nope. There is no Florida law that states a buyer’s Realtor must be present during an inspection. So under what circumstances, might a buyer’s Realtor be present? For starters, if the buyer – that Realtor’s customer – would like their agent to be there. Sometimes buyers themselves aren’t able to be present for the inspection – maybe due to work or being out of town. In those cases, buyers may request their agent to attend and report back on any findings before getting the official report from the inspector.
  2. The seller must leave and cannot be present during the inspection. There is no requirement under any of the Florida Realtors’ contracts or the law that states sellers cannot be at their home when an inspection takes place. Many choose to leave; some decide to stay. The point: It’s entirely up to the sellers whether they’re home or not.
  3. Since it’s a buyers’ inspection, the listing agent doesn’t have to be there. Well, and here is everyone’s favorite answer, it depends. If the sellers want their agent to be present while an inspection is conducted, then the listing agent likely needs to be there. Sellers who aren’t familiar with the buyers’ agent or inspector could feel better knowing their agent was at the property.
  4. The buyers can’t do their own property inspection – only a professional inspector can inspect. This isn’t necessarily true. The answer primarily depends on the contract. For example, in reviewing the ASIS Florida Realtors/Florida Bar Contract, which does not require any seller repairs, buyers have a certain amount of days after the effective date to have “such inspections of the property as buyer shall desire during the inspection period.” If the buyer desires a professional inspection, that’s fine. If the buyer only desires a quick run through the property on his or her own, that’s fine too (although not recommended in most cases). However, with the Contract for Residential Sale and Purchase (CRSP) and the standard Florida Realtors/Florida Bar contract, in which sellers are obligated to make repairs, most of the inspections contemplated by the contracts require a professional inspector or person specializing in the area and holding a license (if required by law) should buyers want contractually required repairs made.

The takeaway here: Blanket statements regarding who must do what and when usually don’t fit each and every situation. In most cases, the language of the contract and buyers and sellers’ wishes need to be taken into account before getting your “answer” – again, by having discussions with your customers about what they expect during a transaction will make you better prepared in the long run.

Article content from Florida REALTOR Newsletter Magazine, and from other sources.  Written by Meredith Caruso who is Associate General Counsel for Florida Realtors    © 2019 Florida Realtors®

If you have questions on any aspect of the Real Estate Market, Locally, Nationally or Internationally, please let us know, we can address / answer your questions, and we are always available to help.

Hope everyone had a wonderful Start to 2020, Click Here for our recent December Market update Report for Southwest Florida and beyond.

We do not discriminate on price, we help homeowners and renters in all price ranges; Click Here for more information on the Hoey Team โ˜˜ and what we do to help or visit HoeyTeam.Net anytime.

Here is our informational Southwest Florida Website โ˜˜

Barry is a CLHMS; Click Here to see how we help with higher end properties.

Please visit our Hoey Team โ˜˜ Luxury Home Market Page by Clicking Here

Also; please check out the other blogs, and tabs to many other Links, Updates, Reports & Stats that we have here on our informational website.  โ˜˜

We hope that you find the information useful.  If you have any questions, please do not hesitate to contact Barry or Kim with the Hoey Team โ˜˜ brokered by eXp Realty

Email us at Barry@SWFLLuxury.Com  or KimZuponcic@Gmail.com or Call/Text the Hoey Team โ˜˜ at:  (239)-360-5527 

“Please Share this and our informational website with anyone who you think the info will help. 

Feel free to refer any family or friends; it is the greatest compliment that you can give to us; we really appreciate referrals from Past Customers, Friends and Fellow REALTORS, who we help in any way we can. 

Most of our business is referrals by word of mouth; from past Sellers and Buyers who we have helped; please ask for and check out our testimonials and Sales Stats.  Thanks, Barry & Kim โ˜˜

Blog author image

Barry & Kim, Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜

"Your Real Estate Concierge" If you are looking for a REALTORยฎ or one-stop Real Estate Team who will fully communicate; promptly, professionally, and in detail with you, to efficiently help you wit....

Latest Blog Posts

๐Ÿ”” Some Nonbanks Raised Conforming Loan Limits to $625K ๐Ÿ“ˆ Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜ Southwest Florida ๐ŸŒด

Loan limits will likely go up to $625K in 2022, but FHFA hasn’t announced it yet.  Still, higher home values have convinced some lenders to boost loan limits now.WASHINGTON –

Read More

๐Ÿ“ข New Record: Home Prices Rose 19.9% in July ๐Ÿ“ˆ ๐Ÿก Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜ Southwest Florida ๐ŸŒด

A price increase of almost 20% year-to-year is unheard of – until now.  Home prices hit record highs in 19 of the 20 cities included in monthly Case-Shiller reports.WASHINGTON (AP) ;

Read More

๐Ÿ“ฃ 8 Experts: Sky-High Housing Prices Wonโ€™t Fall ๐Ÿก Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜ Southwest Florida ๐ŸŒด

Today’s market isn’t like the boom-bust cycle leading up to the Great Recession: Tough loan standards are the norm, plus many factors have kept housing supply low.MCLEAN, Va. –

Read More

๐Ÿšจ September 2021 ๐Ÿ“ข Just Released Market Report for Naples Area with information for all of Southwest Florida โ˜˜ Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜ SW FL ๐ŸŒด

Hello,Barry & Kim with the Hoey Team ๐Ÿ€ 239RealEstateDeals.Com LLC โ˜˜ hope that you and yours are doing good; wherever you are located at this time.Hot off the press 

Read More