Is acknowledge of recommendation an obligation

**luyas** · 06-13-2009, 06:26 PM

Hi,
I am new here too. I have a question regarding an acknowledgment.
I am buying a REO CASH with NO CONTINGENCIES, NO INSPECTION in NEVADA.

I signed an agency acknowledgment which is :
Please acknowledge our recommendation for you to obtain an independent inspection.

When I signed this paper, it was at the 1st offer. Although I had told my agent I want no inspection no contingencies and zero due diligence. He had me signed this paper to acknowledge their recommendations.

TO ME : A recommendation IS NOT an obligation

Now, the agent wants an inspection report (I refused because I said no inspection on the agreement)
He is saying that I signed an acknowledgment of recommendation and I have to provide an inspection report in order for him to close his file. (whatever that means...)

My question is : What does this sentence below means ?
"Please acknowledge our recommendation for you to obtain an independent inspection."
Am I obligated to have an inspection before closing ?

The agent said if I do not provide an inspection report, he will get an inspector of his into the house I am buying, pay for the inspection in order to close the deal.....

HELP ME!!!!

**Andy Mann** · 06-14-2009, 02:44 AM

Though I am a Home Inspector myself and obviously do my own inspections, I have bought many homes 'without inspection' in CA. I actually do perform an inspection but do not provide any report to my agent, which is shown as 'waived' on the contract. May be a little different in NV but I don't believe Home inspections are mandatory for the sale to go through. In any event you will have a period of time - typically 10 - 17 days to perform any inspections. After time you would typically waive any and all contingencies (if the Inspection was identified as a contingency on the original contract).

Andy

**Greg** · 06-14-2009, 03:18 AM

It sounds like you do not need to get an inspection. The agent is worried that if you do not get an inspection and a problem comes up you will turn around and sue him for not recommending an inspection.

It might seem strange but this is the end result of today's litigious society. The acknowledgement you signed should be enough protection for the agent, but if they want to pay for your inspection let them.

**luyas** · 06-14-2009, 10:28 AM

Thanks both for replying. The fact and the matter is the agent has been frustrating me for a while regarding this REO deal and seems to have a pleasure doing it.
No I have no intention to sue anyone, not my thing.
I again offer over the asking price with no contingencies and NO inspection because I wanted the offer to be accepted.
I went 3 times with people to check on the prop. I know what needs to be repaired and that is what I like to do, fixing up.
It is the 1st time I hear, an agent telling me and screaming at me to get an inspection report in order to close his file.
The closing is in a week, I ask him to send me a waiver if that makes him happy, he won't. He said you sign an ackowledgment of recommendation, thus I am obligated.
I don't want to give him trouble but I think I am going to contact his broker in order to have a definite answer.
This agent is telling it is the law to get an inspection and I say NO if the agreement says "no inspection" and zero due diligence.
Any comments ?
Thanks again

**Andy Mann** · 06-14-2009, 05:10 PM

If you are closing in a week, usually the window for completing all inspections has passed. As I said, usually 10 - 17 days after escrow has opened. If you fail to perform any and all inspections during that time you have passively waived them, irrespective of whether or not you have signed a specific waiver. Once that period has elapsed you can not roll back the clock. I think the agent is a little inexperienced and mis-informed. A call to the Broker should clarify matters.

Andy