Agent Pressure to Omit a Guardrail Defect and Concealed Underside
An inspector is performing a pre-listing inspection for a seller. The seller's real estate agent walks the deck with the inspector and points out a guardrail that is loose at one post. The agent says, 'That's a $50 fix; please leave it out of the report or the buyer will freak out. It's not structural.' The inspector also finds that the entire underside of the deck is blocked by lattice panels and stored landscaping materials, so the ledger, joists, and post bases cannot be seen. The inspector has not moved anything. The agent asks the inspector to 'just say the deck was not inspected' so the seller can avoid repairs, and offers to remove the lattice after the inspection if the inspector will come back for free.
1. How should the inspector handle the agent's request to omit the loose guardrail?
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The inspector should not omit the loose guardrail. The inspector's duty is to report observed conditions accurately to the client, and the agent's request to suppress a safety hazard conflicts with that duty. The agent is not the client unless the inspector has a separate agreement; either way, the inspector should not let a third party edit the report. Say: 'I can't leave out an observed safety hazard. I'll describe it factually and recommend repair.' If the agent persists, document the request and keep the report unchanged. Do not accept a quid pro quo.
2. Write the report language for the concealed underside and the guardrail.
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Report: 'Guardrail post at the rear deck is loose; movement was observed when firmly pushed. This is a fall hazard. Recommend repair by a qualified deck contractor. The underside of the deck was concealed by lattice panels and stored landscaping materials; the ledger, joists, and post bases were not inspected. Recommend evaluation of those concealed areas after access is provided. The visible deck surfaces and guardrail were inspected; this was not a no-access condition for the entire deck.' That last sentence avoids the agent's requested wording 'deck was not inspected.'
3. Should the inspector return for free after the lattice is removed? Explain.
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No, the inspector is not obligated to return for free. A follow-up inspection is a new service with a defined scope; it can be offered at the normal fee. If the inspector does return, the report should state what was accessible and what remained concealed, and the inspector should not remove lattice or stored items personally without permission and safety precautions. Avoid an arrangement that looks like payment for a changed opinion. The original report should stand.