October 30, 2009, Newsletter Issue #161: Where the Loyalty Lies

Tip of the Week

When it comes to paying for a home inspection, this is one cost that is best to be paid for by the home buyer. Whenever a consumer hires a professional to provide a service for them, the person who hires, or "pays for" the service, is the one who is owed the fiduciary duty or loyalty of the service provider. In the case of a home inspection, if the seller pays for the service, the inspector's loyalty will be owed to the seller. This would not benefit a purchaser who is seeking a candid opinion of the home's condition.
If cost is a serious concern for the buyer, it might be possible to have the real estate agent insert a provision that says the buyer will be reimbursed for the inspection expense in the event the home does not pass the inspection.

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