America's Home Inspector: Nationally Syndicated Columnist. The lender has no knowledge of the property's condition and no duty to disclose defects. Sign Up for Updates; About Us; Contact Us; Calendar; Jobs; En Español; Org Chart; A to Z Index ; Questions or Comments: OSSF@tceq.texas.gov. Texas/TPREIA Home Inspectors. “Check out RealtyTrac’s new Home Disclosure reports, which provide possibly more than you want to know about 117 million homes across the United States.” ~Michelle Lerner, The Washington Post “It’s like the real estate version of Facebook, you may never want to log off.” ~Christine DiGangi - Credit.com “It’s great. Vehicle inspections are performed at Official Vehicle Inspection Stations licensed by DPS. Examples include the presence of mold, mildew, termite damage, rodent infestation, and flood damage. Disclosure of prior property inspection reports is always unsettling for sellers and brokers. Easement Disclosures & Title Issues. While safety inspections are required throughout the state, emissions testing is required of vehicles inspected in 17 Texas counties to comply with federally mandated clean air requirements. Most Brokerages in the State of Washington require their Associate and Managing Brokers attach an Inspector Referral Disclosure which complies with WAC 308-124C-125*. Vehicles registered in Texas are required to pass an annual inspection to ensure compliance with safety standards. I say, not so fast! In Texas, any person who reports on wood destroying insects in a home must be licensed by the state as a wood destroying insect inspector. These licenses are issued by the Texas Structural Pest Control Service of the Texas Department of Agriculture at www.texasagriculture.gov. These documents are published by and available from the Texas Real Estate Commission, P.O. Disclosures refer to any “material defects” in the home, and in many states you will be held liable if you don’t tell the buyer about them upfront. Michael Gray, PE” in 2005, one performed by “Sherlock Spec” in 2006, and one performed by “AU Around Pest Control” also in 2006. To avoid getting in legal trouble, it’s imperative that you know what you should and need not disclose when you fill out your own disclosure statement. The home inspection agreement also denotes who will receive the inspection report. Can the inspector advertise that he inspects plumbing? Home inspectors have been sued before by sellers who believe a deal falling through was the fault of the home inspector and their incorrect reporting. Take note as well, it doesn’t matter if you or your agent received the inspection report (delivery to your agent is considered delivery to you in the state of Texas). At that point, the seller is now responsible to be aware of all the issues in the inspection. The five-page Texas REALTORS® Seller’s Disclosure Notice covers a wide range of topics. Disclosures don’t require investigation. However, this speaks to the home inspector’s obligation to the Buyer. How it Helps Sellers Kansas laws were created to make this legal. The Texas disclosure notice is designed to provide the home buyer with information about whether the property has been affected by termites, plumbing problems, electrical problems, water leaks, roof damage, structural problems or damage, litigation, boundary disputes, and other important circumstances that would affect a purchaser’s decision to buy the residence. All new buyers should be given a copy of your Seller’s Disclosure Notice and the inspection report that was provided by the former buyer. It’s not uncommon that the buyer sends the seller a copy of their inspection report when asking for repairs during the option period. jonofrey (John Onofrey, TREC#6546 ) January 24, 2012, 4:01pm #1. I told her that I am not aware of any rule that requires my buyer to give the seller his bargained for report. formatting of home inspection reports. However, it can be difficult for sellers to challenge the inspection as a third party, since the relationship in question is between the buyer and the inspector. Thus, a home inspector has a duty to keep confidential both the home inspection report as well as results of the home inspection and may only share such report or information with the client’s consent, which in almost all cases, is the Buyer. Generally, sellers may be willing to negotiate on major issues, such as a leaky roof, a cracked foundation, electrical problems, or other items that pose a safety hazard or come with a high repair bill. In a home inspection, a professional home inspector takes an i n -depth, unbiased look at your potential new home to: ü Evaluate the physical condition: structure, construction, and mechanical systems; ü Identify items that need to be repaired and ü Estimate the remaining useful life of the major systems, equipment, structure, and finishes. What to Expect . Inspection reports should include any known or discoverable conditions. The Texas Real Estate Commission adopted by reference Property Inspection Report Form REI 7A-1, approved by the Commission in 2008, and Property Inspection Report Form REI 7-2, approved by the Commission in 2009, for use in reporting inspection results. The disclosure also asks the seller to list “any written inspection reports” the seller received within the last four years. This is because, in Texas, if they receive the report, they must give it to the sellers and the sellers MUSTupdate their initial disclosure with everything on the report. In fact, disclosure statements can help point your inspector toward areas of a home you'd like to home in on, so try to read your disclosure statements before scheduling the inspection. Due to building maintenance outside of our control, TREC’s website and all services are unavailable from November 25 through November 29. This is normally done in the form of the client adding his or her initials in a specific section or paragraph of the inspection agreement, for example. Seller’s disclosures are rarely correct, and get pushed onto buyers by the agents, and get placed in front of me also, so I can do the report off of the seller’s disclosure, resulting in a soft, basic report. No. Other conditions of the home that an inspector may report on include those related to the roof, electrical systems, and plumbing lines and the condition of your HVAC system. Use your contractor’s quote and your home inspection report to guide you. 1 The Williamses identified three inspection reports: one performed by “R. The seller must disclose existing easements on the property as well as any known title defects. The state of Texas makes the Seller responsible for disclosing the content of the Home Inspection Report so it is actually a moot point whether he/she wants to view the report. Do sellers have to show a buyer's inspection report from a transaction that failed to close to subsequent buyers? Disclosure statements are not inspection reports. Read more. Is it true that home inspectors licensed in Texas, cannot inspect plumbing in a home nor report plumbing deficiencies in the TREC inspection report? You and your agent should be present for the general inspection if practical, so that you can discuss the condition of the home with the inspector in person. A favorable or neutral inspection report would have the opposite effect. Within 24 hours, the inspector should send you the inspection report that details what they observed. I pass. Inspections are the most common reason you may need to amend the seller’s disclosure. A listing agent or seller who receives an inspection report is charged with knowledge of the information in the report, even if he or she doesn't open it. Call us at (817) 754-0360, and schedule. Whether you’re able to sue the inspector depends on state laws. You may be interested in watching the following home inspection classes, which include a review of writing home inspection reports: Home Inspection Training Class #18; Home Inspection Training Class #19; Home Inspection Training Class #20; How to Find Major Defects During a Home Inspection; more classes on NACHI.TV Other Home Inspection Report Resources. Regarding required disclosures of death on a property, Texas Property Code Section § 5.008 does not specify what death must be disclosed. What to Do When You … Known today as “America’s House Detective,” Barry advises readers from coast to coast about home inspection and real estate disclosure, providing honest clarity, fresh wit, consumer protection, and even-handed fairness in his responses to real estate questions. Inspection Reports. Inspection agreements include verbiage where the client may give permission for the inspector to provide a copy of the report to the client’s Realtor®. I am learning all about it so. Home inspection reports are copyrighted and are completed with a contract between the home inspector and the buyer. Reporting. What to do if … Disclosure statements are always required, but not all sellers do a pre-inspection, and not all buyers choose to do a home inspection. Inspections and Disclosures on Foreclosure Properties. Late fees will be waived for November renewals if submitted through December 2. Inspect360 provides home & commercial inspection services in Dallas, TX & beyond. The Sellers Agent says she has to disclose the inspection report that I did for a potential buyer on a deal that fell through after the inspection. It's not an option to ignore the results. Despite the request, it is up to your buyer whether he or she would like to send a copy of the inspection report to the listing agent or seller. It depends. Although full seller disclosure is the standard for most resale homes, the buyer is responsible for discovering all the potential issues with a foreclosure property. 4. You are here: Home; Permits, Registrations, and Reporting; OSSF; On-Site Sewage Facilities (Septic Systems): Information for Homeowners; On-Site Sewage Facilities (Septic Systems): Information for Homeowners. A bad prior report (typically from a busted contract) can adversely affect the continued marketing and sale of a property. It asks sellers to list the appliances and systems in the property, current defects, past insurance claims, past inspection reports, and other conditions of the property.
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