Winston-Salem home inspector denied access to property by listing agent

A licensed home inspector in Winston-Salem is denied access from the listing agent because they weren’t a member of the MLS.

The inspector called the listing agent to get access to the home, and the listing agent said they needed to be a member of the MLS and book the appointment through showing time. The listing agent said they only deal with members of the MLS.

There is, in fact, no requirement for someone to be a member of the MLS to perform an inspection.

Paragraph 4(b) of Form 2-T provides that a buyer “shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate.

The buyer can hire both licensed and unlicensed professionals to come to the home and conduct Due Diligence.

Paragraph 8(c) requires the seller to “provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer and/or Buyer’s agents or representatives, an opportunity to . . . conduct Due Diligence.”

The listing agent's failure to allow access may be putting the seller in breach of contract under the terms of Form 2-T. Such a policy may also have antitrust implications.

In this case, the buyer’s agent should have booked the appointment in showingtime on behalf of the inspector. The NC Real Estate Commission requires buyers agents to be present for most inspections anyway.