We know Alabama runs on Caveat Emptor — Buyer Beware. For older homes, the seller doesn't owe a long list of disclosures like they do in other states.

The only time we have to speak up is if:

1. There's a health or safety issue
2. We've got a special trust or fiduciary relationship - or -
3. The buyer asks a specific question.

On top of that, RECAD tells us our job is to act honest, use good skill and care, and share material facts with our client they couldn't easily see for themselves.

That being said, we should never speculate or, in any way, present ourselves as expert home inspectors. A good rule of thumb is to provide three good options to the seller and ask them to interview them over the phone and to research and use any inspector they want. The inspector works for the client, and we should not interfere.

Why We Don't Attend Inspections

• It's Not our job. If you stand there while the inspector is working, it may be seen by your buyer that you took on the duty of inspecting the house yourself.
• Talk can turn into liability. One off-hand comment like, "Oh, that doesn't look too bad", can come back and bite you in court.
• Respect the roles. Inspectors are licensed for a reason. Let them do their job without us..
• Liability. If a lawsuit gets filed, the minute they hear you were in the room, your name is likely on it.

Smart move: Let the buyer meet the inspector. Facilitate entry to the home; if needed, get the report in writing; then handle repairs or negotiations the right way — on paper.

Why We Don't Coach Sellers or even be in the Room on Seller's Disclosures

Alabama doesn't require a seller's property condition form for used homes. A lot of brokerages, including Bellator, still use them to limit liability for our company, the agent and for the seller, but here's the trick:

It has to be the seller's words, not yours.

• Don't coach. If you suggest what they should or shouldn't write, that can look like you're helping to cover something up.
• Stay in your lane. Your duty is to your client — not to fill out their paperwork for them.
• Keep your protection. If you just pass along what the seller said, you're usually safe.

Best advice to a seller:

If you choose to fill it out it needs to be your honest answers. If you're unsure of a question, "I don't know" is a perfectly legitimate answer.

Be safe out there and have a great weekend!