The Oklahoman

Inspector: Treat report as punch list SEE MIZE, 2F

- Richard Mize rmize@ oklahoman.com

Step on a home inspector's toes, and he'll holler.

Awhile back, this remark from a Realtor ran in this space:

"Has anyone covered a 'home inspector beware' type issue? As in, the home inspectors that seem to pride themselves on finding meaningles­s 'problems,' and can effectivel­y ruin a deal by scaring buyers?"

And I responded: "This could get interestin­g. I'd think a buyer should want a 'deal breaker' — but shouldn't treat an inspector's report like a punch list. But no one should put up with a needless 'buyer scarer.' "

And Jack Werner, owners of A to Z Inspection­s, whom I admire and respect, wrote in, starting an email exchange worth sharing because it airs out the issues.

Jack:(Regarding) saying we shouldn't treat an inspection report like a punch list or we should not scare the buyer.

First, in my opinion, if the report is written and explained correctly, the inspection report should be treated as a punch list. Here is why.

Home inspection standards of practice instruct us to identify and report items that are not safe such as an improperly vented flue or hot-to-the-touch light switch, items that are broken such as a glass panel or a window lock, and items that are not working as intended.

I always think of the AC unit we checked in Bethany that worked very well except it sounded like an airplane propeller hitting a metal building. It was not working as intended. The real estate agent said we did not have the 'right' to write that up because the AC was working.

In my opinion, the buyer expects and requires that the home being purchased is delivered to them in safe condition, with broken items repaired, and with components working as they are supposed to work.

Do we list other items? Yes, under "FYI," such as "Mrs. Buyer, you should install a full gutter system." That is identified and explained as for the buyer's informatio­n, and it is not considered a responsibi­lity of the seller.

We have no authority to require that things be corrected or fixed, but we do have an obligation to identify things that are not safe, are broken, or are not working as

intended.

Profession­al, ethical real estate agents want their buyers to get the most thorough inspection possible. There will always be a percent in every profession who hope to get by with the least commitment possible, and those people will always rail loudly against those demanding profession­alism.

Me: A punch list is a list of fixes that are required to be made. Are you saying that an inspection report should be used by a buyer to demand that repairs be made? I — and

most people I have ever heard of — see it as more of a tool for negotiatin­g concession­s on price.

Jack: It depends on the individual and the price and the negotiatio­n.

If I am buying a home to live in and have my family live in, it seems appropriat­e to ask that everything be delivered in a safe condition, working like it is supposed to work, and not broken.

Of course, everything is negotiable. In my opinion, a buyer has a right to expect and ask for those three things. Even those definition­s will be debatable. Is old, cracked/partially missing caulking strictly cosmetic? I would say that it is not working as intended.

Me: Of course it depends! It always depends. That’s why sweeping general declaratio­ns are almost always off.

I like a deal breaker. What a buyer does with the informatio­n an inspector provides is up to the buyer; (I don't think inspectors should) push buyers into unnecessar­y confrontat­ions with sellers, who also may do what they wish with the informatio­n.

Jack:Inspectors have no authority. We are hired to identify, according to our Standards of Practice, things that are not safe, things that are not working as intended, and things that are broken. To me, a punch list means that, yes, I think they should be addressed.

Of course it is open to negotiatio­n. It is my opinion that a buyer would be prudent to know these things AND to address them before moving in; whether it is through a price negotiatio­n, or asking the seller to fix these things, or deciding to fix them him or herself. Things should work like they are supposed to work. Things that are broken should be fixed and everything should be safe.

I absolutely agree that what a buyer does is between them and their agent and the seller. We carefully explain that we have no authority and that negotiatio­ns are up to them. We explain what items that we are inspecting for and why we think it is important that they be

addressed. It does seem reasonable to me to ask for those three things but that is always up to the buyer, the seller, and their agents.

There the email exchange ended.

I just have to add, on behalf of people who are barely homeowners in the first place, who barely have any equity, barely have any credit, who are barely keeping it all together after a lost job or other financial trouble:

Not everybody who is trying to sell a house can afford to sell it move-in ready. That's what "as is" means. If that's you, don't let the models and actors in advertisin­g and marketing get you down.

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