I have a legal question.

[esch]

A realtor friend of mine asked me today a legal question and I was unsure of the answer, and it made me wonder myself.

The situation: Person A is in process of buying a house. Person B is also wanting to buy this house. Person B is a home inspector. Person A was going to use person B for the home inspection.

Now is there a legal conflict of interest or another legal matter that this situation would afflict. Or maybe just if he decided to give a bad report in order to greater his chances of buying.

Thanks, Matt

[Richard Moore]

From your Oklahoma rules governing home inspectors..

310:276-11-2. Prohibited Acts.

(m) No person shall fail to disclose to the client any conflict of interest of which the inspector knows or should have known that may adversely affect the client.

I don't think there can be any dispute that it is a conflict of interest. So, legally, the inspector (person B) would have to inform person A of his interest in the home. After doing that, if A still decided to hire B to do the inspection, and B accepted, it probably wouldn't be "illegal" but they should both get their heads examined!

[esch]

I thought something along those lines, and that's what I told the realtor. Just haven't heard of that coincidence yet. Guess he might want to put it in writing about the interest... or hire me =P

Thanks, Matt

[Richard Moore]

Small lecture Matt...

First: It took me about 60 seconds to find the OK rules and cut and paste the pertinent paragraph. I suspect that is a shorter time than it took you to type the original question. You're a grown man and you need to start looking things up yourself. Nobody wants to disuade you from asking questions here, but we're not a lazy man's substitute for Google.

And second: If you don't already have a copy of your own state rules on paper and/or your computer, I strongly suggest you get them, read them and understand them.

[gtblum]

Hate to answer a question with questions but, how bad does person B want the house and how stupid is person A?

What does your gut tell you about this?

What does the realtor care if he gets to sell the lumber unless, something might come back to bite him in the ass.

Is there an enforced code of ethics in your state? Or is it like here where some realtors and inspectors do what they want when they want with no fear of the laws because there's no one to enforce them?

[Jim Katen]

A realtor is asking a home inspector for legal advice.

Can the apocalypse be far off?

[inspector57]

General rule for me is: If you have to ask if there is a conflict of interest then there usually is.

[Chad Fabry]

A realtor friend of minde

There is no such thing. If you think a realtor is your friend, you're well on your way to being sued.

[esch]

Small lecture Matt...

First: It took me about 60 seconds to find the OK rules and cut and paste the pertinent paragraph. I suspect that is a shorter time than it took you to type the original question. You're a grown man and you need to start looking things up yourself. Nobody wants to disuade you from asking questions here, but we're not a lazy man's substitute for Google.

And second: If you don't already have a copy of your own state rules on paper and/or your computer, I strongly suggest you get them, read them and understand them.

Dang, thought I had a decent question. Sorry

gtblum, its like you said, "Or is it like here where some realtors and inspectors do what they want when they want with no fear of the laws because there's no one to enforce them"

Little dissapointing because I like to try to follow the rules while as other inspectors buy presents for realtors who refer inspections to them.

[gtblum]

Matt,

I never understood why kids got creeped out and scared by clowns before seeing your avatar. Now I get it. LOL!