My husband and I are selling our condo and have a question. We are in
escrow; the buyer and her agent scheduled an inspector visit this past
week. When we arrived home after his visit, we noticed that our entire
wood floor (maple) was pock-marked with dents...they appear to be from
the type of shoes/cleats that would be worn on a roof (and we know for
certain that he was on the roof). But, we were not here during the
entire inspection, just when he arrived. We don't know how to
proceed...we don't want to jeopardize or complicate the closing of the
deal but we feel compelled to say something about this...clearly it is
unprofessional behavior to wear cleats on a wood floor and do the type
of damage he did. Moreover, it is likely that the buyer will notice and
we don't feel we should not be responsible for correcting the problem.

Can anyone offer advice as to how we should take care of this?

In article .com,
wrote:

My husband and I are selling our condo and have a question. We are in
escrow; the buyer and her agent scheduled an inspector visit this past
week. When we arrived home after his visit, we noticed that our entire
wood floor (maple) was pock-marked with dents...they appear to be from
the type of shoes/cleats that would be worn on a roof (and we know for
certain that he was on the roof). But, we were not here during the
entire inspection, just when he arrived. We don't know how to
proceed...we don't want to jeopardize or complicate the closing of the
deal but we feel compelled to say something about this...clearly it is
unprofessional behavior to wear cleats on a wood floor and do the type
of damage he did. Moreover, it is likely that the buyer will notice and
we don't feel we should not be responsible for correcting the problem.

Can anyone offer advice as to how we should take care of this?

See if the inspector puts it in his report. Chances are he won't.

"My husband and I are selling our condo and have a question. We are in
escrow; the buyer and her agent scheduled an inspector visit this past
week. When we arrived home after his visit, we noticed that our entire
wood floor (maple) was pock-marked with dents...they appear to be from
the type of shoes/cleats that would be worn on a roof (and we know for
certain that he was on the roof). But, we were not here during the
entire inspection, just when he arrived. We don't know how to
proceed...we don't want to jeopardize or complicate the closing of the
deal but we feel compelled to say something about this...clearly it is
unprofessional behavior to wear cleats on a wood floor and do the type
of damage he did. Moreover, it is likely that the buyer will notice and

we don't feel we should not be responsible for correcting the problem.
"

I think you have a big problem. I would never let an inspector have
access to my house without being present. I'd start by taking photos
of the damage. See if you can find any areas that show tracks outside,
maybe to deck areas etc. Ask neighbors if anyone saw him wearing
cleats. I've never seen anyone wear cleats on a roof, and I would
think that would be damaging for the shingles too, as they aren't made
to withstand concentrated pressure points either.

If you're sure he did it, it's noticeable and significant enough, then
you have no choice. I would immeadiately notify the buyers of the
problem and the inspector too, if you have his info. As you pointed
out, the closing is already in jeopardy, because at the walk through,
if the buyer notices it, they are going to want compensation. As
pointed out, chances are, it's not in the inspection report, so they
are going to say it happened after the inspection. By bringing it up
now, you are in a better position.

But without a witness or an admission, I think you have a tough case.
If you can't resolve it easily with the inspector, I would say have the
floor refinished, which shouldn't cost a lot, and go through with the
closing. You can then sue the inspector in small claims court.

On 2 Jul 2005 05:41:53 -0700, wrote:

"My husband and I are selling our condo and have a question. We are in
escrow; the buyer and her agent scheduled an inspector visit this past
week. When we arrived home after his visit, we noticed that our entire
wood floor (maple) was pock-marked with dents...they appear to be from
the type of shoes/cleats that would be worn on a roof (and we know for
certain that he was on the roof). But, we were not here during the
entire inspection, just when he arrived. We don't know how to
proceed...we don't want to jeopardize or complicate the closing of the
deal but we feel compelled to say something about this...clearly it is
unprofessional behavior to wear cleats on a wood floor and do the type
of damage he did. Moreover, it is likely that the buyer will notice and

we don't feel we should not be responsible for correcting the problem.


Since you weren't there, good luck proving anything. Sounds to me
like not being available to let someone into your house and watch them
has just screwed you. You'd have to sue the inspector and prove he
did it in order to gain any redress, and unless somebody saw him do it
and is willing to testify, you're SOL.

wrote:
My husband and I are selling our condo and have a question. We are in
escrow; the buyer and her agent scheduled an inspector visit this past
week.

Where was YOUR agent while this was going on?

On 2 Jul 2005 05:41:53 -0700, someone wrote:

... I would immeadiately notify the buyers...

Why, so as to screw up the closing?

The OP is selling, so what do they care, as long as Buyer accepts it.

Only if Buyer DOESN'T should he raise the issue that "but it was YOUR
Inspector".

Why wave a red flag in front of the Buyer?????


Reply to NG only - this e.mail address goes to a kill file.

v wrote:
On 2 Jul 2005 05:41:53 -0700, someone wrote:


... I would immeadiately notify the buyers...


Why, so as to screw up the closing?

The OP is selling, so what do they care, as long as Buyer accepts it.

Only if Buyer DOESN'T should he raise the issue that "but it was YOUR
Inspector".

Why wave a red flag in front of the Buyer?????


Reply to NG only - this e.mail address goes to a kill file.

Yea this is kind of the approach I would take. Its a risk I know but
the safest one for me.

If they call you on the marks you tell them the inspector made them.
They will know if he did or did not because I'm sure they were there.
But they still may not want to purchase. But they may be willing to say
they saw him wearing cleats.

Usually the buyers and sellers are not at odds with each other and you
can ask them if the inspector wore any cleats.

Tough call. Perhaps the are noticeable by you because its your house.
Perhaps the buyers wont notice. Are they that bad?

--
Respectfully,


CL Gilbert

"Why, so as to screw up the closing?
The OP is selling, so what do they care, as long as Buyer accepts it.

Only if Buyer DOESN'T should he raise the issue that "but it was YOUR
Inspector".
Why wave a red flag in front of the Buyer????? "

First, it should have no effect on the closing. At the most, it should
result in having some money held in escrow sufficient to refinish the
damaged floor. The reason to notify the sellers and the inspector
immediately, is because:

1 - The OP felt the damage was so noticeable that they buyers would
likely discover it on walk through
2 - The damage is very likely not stated in the inspectors report,
since they believe he did it.
3 - Given 1,2, if you don't give notice now, but instead wait till
closing, you almost surely have no chance of recovering damages from
the inspector. Come closing time, the seller is going to wind up
eating it if it is discovered.

"Yea this is kind of the approach I would take. Its a risk I know but
the safest one for me.

If they call you on the marks you tell them the inspector made them.
They will know if he did or did not because I'm sure they were there. "

How can you be sure they were there? Were you there too? Sure it's a
very good idea for the buyer to be there for the inspection, but it
certainly doesn't happen all the time.

In article om,
wrote:

3 - Given 1,2, if you don't give notice now, but instead wait till
closing, you almost surely have no chance of recovering damages from
the inspector. Come closing time, the seller is going to wind up
eating it if it is discovered.

Huh? No, the buyer would eat it. It's merely cosmetic and easily
fixed. Unless seller signed the worst contract imaginable....

Kendall

--
Kendall P. Bullen http://www.his.com/~kendall/
kendall@---^^^^^^^

Never e-mail me copies of Usenet postings, please.
I do read the groups to which I post!

"Huh? No, the buyer would eat it. It's merely cosmetic and easily
fixed. Unless seller signed the worst contract imaginable....

Kendall "

Why is the buyer going to eat it? The entire wood floor has been pock
marked with dents, apparently from cleat type shoes worn by the
inspector. The sellers realized it as soon as they returned and
believe it's so noticeable that the buyer's will see it during walk
through. It's almost certainly not going to be indicated in the
inspector's report. The buyer's will then very likely say that the
damage happened after the inspection, is the sellers fault, and want
compensation. And if they do, why would you think the buyer would be
the one to pay the cost of repair? They might be able to split the
diff, but if they see this damage, I don't see how you think the buyer
is the one that would wind up taking the loss. All the buyer has to do
is refuse to close and throw the whole deal into turmoil. And at that
point, what is the seller going to do? They know the buyer is right,
that the damage is real.