Agent Pressure to Omit an Active Leak and Further Evaluation
During a pre-listing inspection, the inspector finds a 12-inch section of missing shingles on the rear slope, three drip stains on the attic sheathing, and a skylight curb with cracked sealant. The roof is 19 years old, and the weather has been dry for two weeks. Moisture-meter readings show elevated moisture at one rafter tail below the missing shingles. The buyer's agent says the seller has agreed to take care of the roof and asks the inspector to omit the words 'active leak' because no water was seen entering during the inspection. The agent also asks the inspector to avoid recommending further evaluation, since that could delay closing. The inspector has photographs and moisture readings but did not inspect during or immediately after rain.
1. How should the inspector describe the roof condition in the report? Draft report language and explain the reasoning.
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The inspector should report the visible conditions and measurements without softening them to protect the closing. Appropriate language would be: 'Missing shingles were observed on the rear slope. Drip stains were observed on the attic sheathing, and elevated moisture was measured at one rafter tail below the missing shingles. The skylight curb sealant is cracked. Weather was dry for at least two weeks before the inspection, so active water entry was not observed. These conditions indicate a likely moisture-intrusion path and warrant evaluation and repair by a licensed roofing contractor before closing.' This wording is accurate because it distinguishes observed evidence from a definitive statement that water was entering at the exact moment. The inspector should not say the roof is fine or omit the findings simply because the seller promised repairs.
2. Why is omitting the defect or the recommendation a standards-of-practice problem?
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Omitting a visible defect and a recommendation for further evaluation would mislead the client about a material condition found during the inspection. Standards of practice generally require inspectors to report observed defects and conditions that may adversely affect the property, and to recommend further evaluation when the inspector lacks the expertise or access to determine the cause or extent. The buyer's agent's request does not override that duty. The seller's promise to repair does not remove the inspector's obligation to document what was seen, because the repair may not occur, may be inadequate, or may not address the concealed moisture. The report should also state the limitation that the inspection occurred during dry weather and that a rain test or invasive inspection was not performed.