seller is not happy with buyer's home inspector (disclosure, agent, sale)
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should i be complaining that after the inspection the back door was not only left unlocked, but unlatched as well? Might as well just leave it wide open! We are lucky we had the pets with us instead of confining them to a room. Otherwise they could have just run out.
I better not hear anything about radon test tampering...when they are the ones that left the back door open. Also, why on earth would someone leave radon test kits dangling from strings just above the floor when they know a cat lives in the house? Isn't something dangling from a string the most obvious kitty toy ever??
maybe i just need to vent here...but i'm still pretty p.o. about the back door.
He'll hear about it when I relax a bit more. I didn't think it was very common for the listing agent to be present during showings, inspections, etc. I would have thought that whomever is trusted with the lockbox combination would be capable of locking the house upon departure and not be as negligent and stupid as to leave doors open.
I'm sorry this happened and I don't blame you for being upset. I certainly would be!
As a listing agent, sometimes I'm present for inspections, sometimes not. As a listing agent, I don't always want the results of an inspection. Remember, once a listing agent has information - such as radon - it must be disclosed to other buyers. Thus, I usually ask for them NOT to send me the report - I am only interested in what, if anything, the buyer's request to have corrected in the "notice to correct.
In our area it's not common for the listing agent to be present when other agents are showing. The exeception would be very high end houses ($1M+) or a very special situtation.
From what you posted - the selling agent should be held responsible for the unlocked door. In our state each agent must carry insurance that would cover a loss for such an event. Most listing agents, but not all, use the electronic lock boxes that actually record who unlocked the box. Even without the high tech boxes the appointment should have been registered with your listing agent (or his office). If there was no loss, 'i.e. the pets did not get out, nothing was missing, etc, I guess there is not much to be done. Perhaps after the sale is complete, you may want to send a letter to the selling agents managing broker saying you were unhappy about the unlocked back door. It's very llkely that it was nothing more than a mistake but it's one that should never occur again.
Additionally, I'd let your listing agent know that from this point forward, he (your listing agent) must be present if the selling agent wishes access to the home.
should i be complaining that after the inspection the back door was not only left unlocked, but unlatched as well? Might as well just leave it wide open! We are lucky we had the pets with us instead of confining them to a room. Otherwise they could have just run out.
I better not hear anything about radon test tampering...when they are the ones that left the back door open. Also, why on earth would someone leave radon test kits dangling from strings just above the floor when they know a cat lives in the house? Isn't something dangling from a string the most obvious kitty toy ever??
maybe i just need to vent here...but i'm still pretty p.o. about the back door.
My name is Mike and I am a New Jersey DEP licensed radon specialist with 20+ years experience in radon testing and mitigation.
The open door issue is the responsibility of the buyers agent who is supposed to present with their client during the inspection.....the inspector is supposed to gain entrance through the agent and its the agents responsibility to insure the house is locked and in the same condition as when they arrived for the inspection.
As far as the test kits being suspended from the ceiling this is common with some types of equipment. Test equipment should be about 30" off the floor and as close to the center of the room as possible. Its the sellers responsibility to insure that the test equipment is not tampered with and "closed house" conditions are provided for the test period.
I can't speak to your location but in New Jersey I can tell you that its standard DEP protocol that test results be provided to both buyer and seller by the testing company. Additionally, its an agents obligation to know everything about the house they have listed.......purposely shielding themselves from the knowledge of prior high radon test results so they can claim ignorance to future buyers only demonstrates purposeful deception and in actuality is fraud. I'd keep my distance from agents who demonstrate this type of character......unless you enjoy being sued.
I disagree that there would be any grounds for a suit if an agent was not REQUIRED to be present.
That said I rather be present and encourage the sellers to be present too. I do not want to find out after the fact that some "the sky is falling" type inspector has caused the potential buyers to be reduced to teary eyed wimps. I want to look into the eyes of the inspector and buyers and be sure they know this is a house that is worth every penny the seller is asking and will challenge them to remember that if it WAS NOT they should have never made and offer and agreed to open their wallets for an inspection.
Radon inspectors tend too often to be mitigators too, a business arrangement I personally find presents too many opportunities for conflicts of interest...
Mention to the Buyers' agent that the door was left open. Calmly and clearly. Then set all thoguht of the door aside, except for a mental marker in case it happens again.
Keep your eyes focused on the prize: You have a contract and a buyer. Congratulations! Many sellers do not.
Honor the transaction, and close the deal, and convey the deed. Have a split of bubbly! It will be behind you!
I disagree that there would be any grounds for a suit if an agent was not REQUIRED to be present. First.....who lets a home inspector and buyer go through a home without agent supervision !!! Second......as an listing agent selling a home you better darn well be aware of any known defects including high radon readings and disclose them to buyers.....if you don't thats fraud and you'll have a hell of a time explaining in court why you didn't know and why you didn't disclose it !!! Thats why sellers are required to fill out disclosure statements when a listing is taken so the agent can be aware of any problems and disclose them.....shielding yourself from high radon test results to disclaim knowledge is no defense in court.
That said I rather be present and encourage the sellers to be present too. I do not want to find out after the fact that some "the sky is falling" type inspector has caused the potential buyers to be reduced to teary eyed wimps. I want to look into the eyes of the inspector and buyers and be sure they know this is a house that is worth every penny the seller is asking and will challenge them to remember that if it WAS NOT they should have never made and offer and agreed to open their wallets for an inspection.
Radon inspectors tend too often to be mitigators too, a business arrangement I personally find presents too many opportunities for conflicts of interest...
For your enlightenment radon mitigators have to be testers also as they are required to do a post mitigation radon test to prove the system they have installed has reduced the radon to satisfactory levels. Additionally, there is no conflict of interest if the EPA/DEP protocol is followed meaning if an initial test is high then its recommended a second confirmatory test be done by a separate independent testing firm to confirm the initial results.....unfortunately....most agents tell their buyers to demand mitigation based upon the results of one test disregarding the protocol already in place to protect the public from less than honest testers......theres no use whining about conflicts of interest if you can't follow the protocol in place to eliminate that concern.......besides.......how many home inspectors that perform radon testing are also radon mitigators.....very few I suspect.
In my experience about 2/3 of mitigators are either themselves also in the inspection business or closely tied to someone that is.
High potential for conflict of interest. I respect that there are some good guys out there that really will recommend re-testing to confirm before selling a mitigation system, but not enough.
I commend you for your ethics and wish others had the same high standards. I have seen countless numbers of ill informed home buyers be rushed into making a decision (or forcing the sellers into a decision) that I know is not needed.
nobody got in that wasn't supposed to be in, and nothing got out that wasn't supposed to be out.
Mike's right, I definitely am happy it took all of 2 showings to find a buyer!
So let me ask the radon experts, is any of the following likely to bias the test high OR low and be something I should mention (or shouldn't mention) in the event the test comes back high? The 2 test kits (taped together on the same string--not in separate locations) are suspended from a nail behind a picture and taped to the wall in a hallway. The inspector also closed all the crawl space vents. I know the test should be done under closed house (windows, doors, etc.) conditions, but crawl space vents are typically open and I would think purposely closing the vents could bias the test a bit higher than the building occupants are actually exposed to during normal conditions.
I'm also wondering if the radon test done on the house I'm purchasing should have had the crawl space vents closed (they weren't). thanks!
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