Does a home inspector have to be a member of the MLS to conduct an inspection?
QUESTION: I am a licensed home inspector and not a REALTOR®. I was hired by a buyer to perform an inspection on a home the buyer is under contract to purchase. I called the listing agent to get access, and I was told that I must be a member of the local MLS and that I had to make my appointment through “ShowingTime.” I told the listing agent that I was not a member, and they informed me that they only deal with inspectors who are part of the MLS. The buyer agent has been no help. Do I have to pay for an MLS membership in order to perform an inspection for my client?
ANSWER: Assuming the parties are using the Offer to Purchase and Contract (Form 2-T), there is no requirement that you join the MLS to obtain access for purposes of conducting your 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, including but NOT limited to the following . . .” 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[.]”
A listing agent’s failure to provide a licensed home inspector reasonable access because of a lack of MLS membership may be putting the seller in breach of contract under the terms of Form 2-T. Such a policy may also have antitrust implications depending on the specific facts presented. A listing firm who has a policy like the one you describe may want to consult with their legal counsel and be more fully advised of these risks.
As we have previously written here, the Commission requires buyer agents to be present for most home inspections. It is therefore hard to conceive why MLS membership would be required in order for you to have access to the property. If the buyer agent is truly not being helpful, then you may consider informing the buyer.
Release Date: 2/15/2024
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