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Ambassador
1,565,645
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Is it proven to be defective or it just an opinion?  You used the words "may be" that leaves the door open for a can of worms.  Are ALL the homes defective?  

Apr 15, 2015 08:51 PM
Rainmaker
86,589
Keith Lutz
Keller Williams Metropolitan - Long Valley, NJ

Disclose, Disclose, Disclose!  Your safe if you disclose.

Apr 15, 2015 11:14 PM
Rainmaker
3,298,005
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It will depend if you know for sure, first hand knowledge, results of a test or inspection or such. Then yes you would have to disclose for your listings or to your buyers

Apr 15, 2015 10:16 PM
Ambassador
2,759,387
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

Okay, the product in question has a class action lawsuit against it. There were some builders in this subdivision who used this product as part of the exterior siding. I do not know which properties these builders built. Because I know that that there is a defective product in the subdivision, how do I handle this?

Apr 15, 2015 09:33 PM
Rainmaker
3,532,459
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

I would leave it alone until I was sure it is a defect.  

Apr 15, 2015 09:12 PM
Rainmaker
832,368
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

What John said. " may be defective" No. Only if it is proven to be defective should it be disclosed.

Apr 15, 2015 09:02 PM
Rainmaker
3,912,090
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

John McCormack said it as well I could. As a realtor who is obligated in NC to disclose material facts about homes, I'd want to know and I would disclose. You may be under different rules as an inspector.

Apr 15, 2015 08:53 PM
Rainmaker
4,799,356
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't know if it's required, but I would.

Oct 05, 2018 06:52 AM
Rainmaker
629,951
Ajay Pandya
e-Merge Real Estate - Columbus, OH
Realtor Ajay Pandya

Yes.

Apr 20, 2018 09:42 PM
Rainmaker
1,624,472
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

You should approach it on a case-by-case basis supported by known facts, not opinions or conjucture. You cannot afford to waste time, or money defending yourself in a civil case.

Apr 16, 2015 12:54 AM
Ambassador
3,986,518
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I wouldn't go there unless I had absolute facts and then I would only report it on the house you are inspecting. Your comments to others in the neighborhood would not be welcome remarks and could hurt your reputation as a home inpsector that is trying to cause a panic in the neighborhood. Let the neighbor/homeowner you are dealing with spread the word. Neighbors talk.

Apr 15, 2015 11:36 PM
Rainmaker
1,445,227
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Michael Thornton I would disclose that there is a potential issue with the siding and recommend they bring in an expert to determine if it is defective.

Apr 15, 2015 11:25 PM
Rainmaker
749,357
Rob D. Shepherd
Windermere/lane county - Florence, OR
Principal Broker GRI, SRES

Leave it to an inspector to determine if it is. Hearsay will get you in trouble.

Apr 15, 2015 11:05 PM
Rainmaker
3,333,298
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Was all of it defective...just one "run"...?  If all the manufacturers product is defective guessing they won't be in business long...I would recommend that it be "evaluated" by whatever expert....and know what the remedy is..recall...replace

Apr 15, 2015 10:44 PM
Rainmaker
475,190
Laura Sellers
Berkshire Hathaway HomeServices Preferred Real Estate, Inc.; www.AuburnOpelikaALRealEstate.com - Auburn, AL
www.AuburnOpelikaALRealEstate.com

I've learned if you are asking a question such as this one than you already know the answer to it.  Think your conscience may be prompting this question and when my conscience is posing a question like this one I know I need to let those I represent know the information I have at hand.

Apr 15, 2015 10:27 PM
Rainmaker
1,965,493
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think you should disclose what you know in the inspections - it may be defective - here are the sources for my concern - etc. Are there any easy solutions or is it a question of taking all the materials off the house? that is something else that people need to know as part of the disclosure. 

Apr 15, 2015 09:36 PM
Rainmaker
6,375,284
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Yes, I think you should disclose the discovery of defective materials. If I were the home buyer, I would want to know and would assume that one of your tasks is to advise me.

Apr 15, 2015 09:19 PM
Rainmaker
605,075
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Licensed agents in every state are required to disclose material facts that may effect the value of the property or influence the buyers home buying decision.

This one is easy for me.  I represent the home buyer and will always disclose everything I know about the home, neighborhood, proposed roads etc...even if it is just a rumor.

Eve

Ps:  If you are a home inspector, you were hired by the buyer for your expertise...if you know something about siding defects in the neighborhood, why would you keep that a secret?

Apr 15, 2015 09:11 PM