To find the best possible resale home, a buyer must look into several other professionals. Nowadays, there are a lot of good deals out there especially for the resale homes which needs some work. Real estate agents are often looked at as a “one stop shop”; for lack of a better term; on which professionals to choose. Brokers normally do not recommend anybody unless asked by the client. The agents often utilize the expertise of other professionals in the field to assist their clients to obtain the best guidance possible. The buyer though has the right to choose or the final say on who should do the work. As a general rule, when a broker recommends a competent person to do the work for a client and exercises no supervision or control over the work, the broker is not liable for negligence of the person hired to do the work. As long as the recommended person is competent, the broker should have no liability to the buyer even if the person performs the service negligently.

However, if a broker fails to exercise reasonable care in making a recommendation, the broker may be held liable for negligent referral for any resulting damages. The broker to be held liable, there must be evidence that the broker knew that the person recommended was incompetent. Furthermore, evidence of self interest in making the referral, such as receiving a “kickback” would also be a factor in determining liability. Hence, consider these other professionals before employing them: 

Home Inspectors: Home inspectors must be certified by the Board of Technical Registration. Other considerations are their experience, scope of inspection, thoroughness of written report, and errors and omissions insurance coverage. You can check to see if an inspector is qualified at the Board’s website: www.btr.state.az.us.  

Termite inspectors: A wood destroying insect Inspection Report (WDHR) may be prepared only by a licensed pest control business. By law, all pest control applicators, inspectors and companies must be licensed by the Structural Pest Control Commission. The general public may call the Commission or visit the Commission’s website at www.sb.state.az.us/PCProfSearch.php to find out if any applicator/inspector/or company is licensed. 

Contractors & handymen: Generally, an unlicensed ‘handymen’ can perform work where the labor & materials cost less than $1,000; if no building permit is required and the work is not part of a bigger project. All other contractors performing construction, remodeling or repairs must be licensed. To check on their license at the Registrar of Contractors or to make a complaint, visit their website at www.azroc.gov. 

Lenders: A mortgage banker has the ability to make loans from the banker’s own funds. A mortgage broker is a person who, for compensation, locates a banker or investor willing to make a loan for a buyer, but who does not actually loan the money; in layman’s term, a middleperson. There are so many of them that you need to carefully choose who to employ. Lately in the news, there were a handful of brokers arrested for fraud. One thing to check on is their ability to close on time; check references. A lot of transactions become a nightmare; or worst case it falls through; because the necessary documents are not asked on time and by the time it is asked, it is already the close of escrow date. Also do not take their word on an interest rate figure since the rate changes constantly every day. On buying a new home, it is a new ball game especially if it takes about six months to build. You must be aware that your rate will depend on the market close to when your house is almost done, not when you signed up for the house. Your interest rate is set when it is ‘locked’ and it should be in writing. Check with your lender about the interest rate tendency when you are about to lock your rate. Locking interest rate differs with each company on when you can do it without a fee. For more information visit the Arizona Mortgage Lenders Association website: www.azmortgagelenders.com.  Therefore, a client must choose from more than one person or referral before employing their services. Check their qualifications, experience, insurance before choosing who to employ.  

If you have any questions or need more information, please call Chito Vilar/West USA Realty at 602-488-2679 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it