Winston-Salem Buyer agent’s duty to attend inspections

Are there any rules that obligate a Buyer’s agent to be present for home inspections during the due diligence period? Does it make a difference if their client is planning to be present?

To my knowledge, there are no written rules or guidelines that govern in this area.

However, when the good folks at the NC Association of Realtors posed this question to the legal staff at the North Carolina Real Estate Commission the lawyers have consistently stated that, with two exceptions, the buyer’s agent should be present for these inspections.

Exception 1, appraisers - they are typically licensed realtors

Exception 2, if the inspector does not need to enter the home.

For all other inspections, a buyer’s agent should be present to supervise access to the seller’s property.

Especially if the buyer will be present for the inspection. If the buyer is there, but their agent isn’t, the agent could be in violation of section 6(a)(8) of the Real Estate License Law (“being unworthy or incompetent to act as areal estate broker in a manner as to endanger the interest of the public”).

Even if the buyer is not present for an interior home inspection, the buyer’s agent should attend.

In many cases, the home inspector will provide valuable information during the inspection that does not end up in the written report. You don’t get the full benefit of the inspection just by reading a report.

In some cases, the inspector may need to perform a test that causes damage to the home. In those situations, the presence of the buyer’s agent should assist if there is a subsequent dispute over repairs.

The bottom line: except for inspections by appraisers, if an inspection is being conducted inside the home on the buyer’s behalf, the buyer’s agent has an obligation to be there.