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Barry Stone is a highly respected professional home inspector and columnist based in
California.  I obtained his permission to feature his articles.  

"Wayne, I'm glad to know my articles are appreciated and put to good use. Please feel free to
republish them...    Best Regards, Barry Stone".









Agent married to home inspector

By Barry Stone
Published: April 18, 2009

DEAR BARRY: In my area, there is a very successful real estate agent who is married to a
home inspector.

On all of her listings, she has her husband do the home inspection and then she gives the
inspection report to buyers. And since she does not have the same last name as her husband,
the buyers are not aware of the relationship. Is it illegal for an agent to conduct business in this
way?

Mike

DEAR MIKE: Whether the practice is illegal depends on the real estate laws that apply in each
state. But regardless of legality, it is clearly unethical for a Realtor to have her husband perform
a home inspection on her own transactions. And it is doubly unethical to do so without openly
disclosing their relationship to everyone involved.

Aside from ethics, the practice itself is foolish because of liability exposure for the agent and the
home inspector. What happens when a defect is overlooked by the inspector and is later
discovered by the buyers?

Even if the home inspector is honest and competent, no home inspector is beyond making
mistakes. If a defect is not reported by the husband of the agent, the relationship would
certainly raise suspicions. The appearance of collusion and concealment would be unavoidable.

In the community where I do business, two agents have been married to home inspectors.
Fortunately, both of these agents have exercised common sense and a high level of integrity.
Neither has employed or recommended her husband for inspections in her own transactions.
Both have shown the transparent honesty that should be the standard for Realtors everywhere.
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