Real Estate Lawyers
Free Case Review. Received within minutes from a local lawyer
HOME ABOUT US REAL ESTATE RESOURCES FAQ's LEGAL COMMUNITY CONTACT US
May 14, 2008

 

Information Overview

 


Real Estate Overview
Real Estate Transaction
Landlord-Tenant Law
Mortgage Law
Refinancing
Homeowner's Insurance
Deed
Promissory Note
Deed of Trust
Settlement Statement
Survey
Covenants and Conditions
Easements
Liens
Dual agency
Reverse Mortgage
Real Estate Agent/Broker
Home Title Insurance
1031 Exchange
Taxpayer Relief Act
Fed. Housing Administration
Real Estate Syndication
Contract Law
Property Law
Zoning and Permits
Home Inspections
Foreclosures
Eminent Domain
Fixed Rate Mortgage
Adjustable Rate Mortgage

More Hot Topics>


 

Real Estate Lawyers
Resource Center

 


Frequently Asked Questions About Real Estate Law

Glossary of Real Estate Terms

Spotlight Corner Stay informed with our featured topics!

Top Ten Reasons To Have Your Property Inspected By a Surveyor

How To Avoid Foreclosure

Working With a Real Estate Agent

US Federal Code

Real Estate Laws

Internet Resources

More Resources >

   
 

Need Real Estate Lawyer Help


 

The "Problem" With "Problem"

 

Real Estate Lawyers.com provides a nationwide listing of real estate lawyers, mortgage brokers and real estate agents to represent you in your commercial or residential real estate transaction needs. Click here to find the right real estate professional near you.

by Bill Ball

Most home inspectors would summarize their job description as "discovering the problems in a home, and telling the buyer about them."

The problem with this definition is the word "problem."

The common assumption about a "problem" is that it needs to be solved. And, indeed, definitions of the word "problem" in the dictionary are:

  • A state of difficulty that needs to be resolved;
  • A source of perplexity, distress, or vexation.

Let me ask you, do you think a typical home buyer would find a list of "difficulties, perplexities, and vexations" a useful tool in their purchase decision?

If your answer is "probably not," I agree. Buying a house is already perplexing enough without the home inspector adding to the "difficulties."

Yet, the dilemma is that the home inspector has a duty to, (as real estate law describes it), discover the "defects" in a house and report them to the buyer. How to achieve this legal obligation without "vexing" the buyer, seller, and real estate agents is the conundrum of home inspecting.

I have found that the answer is to change the definition of the job ... i.e., if a home inspector’s duty is to discover the "conditions" of a home rather than the "problems" -- then, instead of perplexing the parties, clarification of the issues can result.
This goal can be accomplished by utilizing the protocol of the Uniform Home Inspector’s Code Book™. The HICB™ defines a home inspector’s duty¹ as:
· To prepare a written report on the "conditions" of the visible and accessible components of a dwelling.
· A "condition" indicates, (in the judgment or evaluation of the inspector), that the performance of a component is outside the typical "norms" for that component, (as defined in the Code Book™).

"Norms" are residential health and safety standards, or other conditions regarding habitability, that may materially affect the value or desirability of the property, or the serviceability or durability of the dwelling’s components.

Reportable "conditions" are usually limited to those conditions which fall outside of the above "norms."

Notice that there is nothing in the above definition about the "problems" with a house. That is because a "condition" reported to one buyer who views it as a "problem" may have no significance at all to another buyer -- depending upon their expectations.

An example might be a report that the carpet is worn: One buyer was planning to have new carpet installed before moving into the home; and another buyer doesn’t have the budget to replace the carpet. Each buyer would view the same "condition" differently.

As you can imagine, there are literally hundreds of conditions about the thousands of components in a home that might have different significance to different buyers. A properly performed home inspection does not assume that each condition identified by the home inspector is a "problem."

By following the HICB™ definition of a home inspector’s duties, the real estate agent’s goal of full disclosure can be achieved without unduly influencing the buyer with prejudicial "problem" terminology.

Find a Lawyer

 

TOP OF THE PAGE


 

Real Estate Lawyers
News Room
             

 
Banks Trying To Enter Real Estate Market Causes Real Upset

New Reality Show Focuses On Real Estate Industry

Home Inspectors Are Causing Problems, Not Finding Them

Young Women Most Likely To Search For Homes On Internet

2002 Is Record Breaking Even With Dip In Home Sales

Learning the Title Insurance Do’s and Don’ts

FCC Grants Unprecedented Stay on Do-Not Fax Rule

More Real Estate News & Articles >
   
   
 

Regional Resources

 


  Search for real estate resources in your part of the country:
 
Alabama
Missouri
Alaska Montana
Arizona Nebraska
Arkansas Nevada
California New Hampshire
Colorado New Jersey
Connecticut New Mexico
DC New York
Delaware North Carolina
Florida North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Oregon
Illinois Pennsylvania
Indiana Rhode Island
Iowa South Carolina
Kansas South Dakota
Kentucky Tennessee
Louisiana Texas
Maine Utah
Maryland Vermont
Mass Virginia
Michigan Washington
Minnesota West Virginia
Mississippi Wisconsin
  Wyoming
 
Browse Map >

 

 

Find A Real Estate Lawyer

 


Legal Disclaimers
The information provided on Real Estate Lawyers.com is not intended to be legal real estate advice, but merely conveys general real estate information related to real estate issues commonly encountered. Your access to and use of this real estate website is subject to additional terms and conditions.

Terms and Conditions | Privacy Policy | Site Map

© 2008 Orion Foundry (US), Inc. - All rights reserved.