The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry:The people who are buying our home just had a home inspection. After the inspection, I heard the inspector tell the buyer’s agent that he would change the report to what the buyer wanted. Since the report will be used to negotiate the terms of the sale, we are very concerned about what appears to be some sort of collusion. The inspector seems to be “playing ball” with the agent and the buyer, rather than simply reporting what he sees. Isn’t he supposed to be impartial in his findings? Dori
Dear Dori: The conversation you overheard between the inspector and the buyer’s agent has a suspicious ring, but it may or may not be as bad as it seems, depending on the details. For example, if the buyer wanted the inspector to inflate the severity of defects in his report, or if the inspector was being persuaded to report nonexistent defects, that would definitely involve unethical and fraudulent practices, calling for some form of legal recourse. On the other hand, buyers sometimes notice defects that are missed by their inspector, such as water stains in a closet or a cracked window. In such cases, it would be reasonable for a buyer to want those defects added to the inspector’s report.
Another example might be a safety violation where the inspector noted the defect but did not specify that safety was involved. In those cases, a buyer might request that the inspector use the word “safety” in the inspection report. Then it would be reasonable to “change the report to what the buyer wanted.”
Home inspectors should definitely be impartial in their findings. They should disclose what is true and observable. In your case, it would be reasonable to express your concerns to the agents and brokers in the transaction, as well as to the inspector, and to insist on an explanation of the conversation that you overheard.