Legal Hotline Question Date Posted: 12/23/2015
1. Does a licensed agent need to be at a home inspection?
2. Does a licensed agent need to be at a home inspection with the inspector for a set amount of time?
Real Estate brokers have a duty to account for seller's property, entrusted to broker. If broker uses broker's MLS key to open seller's home for buyer's inspection, then broker must be able to account for seller's property while in broker's "possession." While the property is accessible to broker and others based on broker's key box entry, the seller's home is in broker's "possession." Broker must be able to account for seller's property during the inspection if broker's key accesses the property for the inspection. If inspector gains access to seller's property by some means other than broker's MLS key or any other access provided by broker, then there is no state law requirement that broker be at a home inspection. Broker's MLS may impose a different outcome to this answer. Broker should confirm this issue with broker's MLS.