Under Massachusetts Law, Chapter 112, section 87yy ½, a real estate brokers and salesmen may recommend a specific home inspector and/or inspection firm, but only if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer’s broker.
With that said, you must keep in mind that your Buyer’s Broker only gets paid if you buy the property. As a result, you may want to ask the following questions before blindly accepting their recommendation:
- How long have they been recommending the home inspector and/or the inspection firm?
- Is there a business relationship between the inspection firm and/or the inspector? (conflict of interest)
- Is there a family relationship between the inspection firm and/or the inspector (spouse, in-law, cousin, etc)? (conflict of interest)
- Does the real estate office, real estate brokers or salesmen stand behind the results of the inspection, if not, why not? (they are making the recommendation and getting paid only if the sale go to completion, so why not accept the responsibility/liability associated with their recommendation.)
- If the home inspector indicates that additional investigation is needed to determine they extent of a problem and/or the cost of repairs, what is their position concerning extending the time allotted in the pre-purchase agreement? (Will they fight to get you the extension of time needed to complete the investigation and/or get cost estimates for the repairs).
- What is their position with respect to re-negotiating your offer, based on the finding of the home inspection and cost of repairs? (In other words do they have your best interest in mind and are they willing to fight to get you the lowest sales price or are they only interested in collecting their fee).
- Does the real estate office, real estate brokers or salesmen accept gifts from the home inspection firm and/or the inspector? (conflict of interest)
- Does the home inspection firm and/or inspector provide liability coverage to the real estate office, real estate brokers or salesmen as an incentive for the recommendation? (conflict of interest)
Massachusetts Law requires real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, the time of the signing of the first written contract to purchase to distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process.
Do you have you brochure yet; if not click here.
Unlike other inspection firms Middlesex Home Inspection does not solicit referrals from real-estate agents and/or companies and/or advertise in their office.
If you need experienced inspectors for your first or twenty-first real estate purchase, an Expert Witness in a Home Inspector Dispute and/or Consumer Protection Matter, call the office of Middlesex Home Inspection, the Buyer’s Inspection Service, and let our experience work to your advantage
781-646-0828.
