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Real Estate Inspections 101- FAQ
By Robert (Bob) Dyer Batman
INTRODUCTION: I hope you find this FAQ page helpful. It's about the Wood Destroying Insect Inspection Report form NPMA-33, commonly and hereinafter referred to as the NPMA-33. It's a friendly document, but requires careful reading.
Wood destroying insect(s) is (are) hereinafter referred to as WDI.
The NPMA-33 is authorized for the purposes of securing mortgages (FHA, VA, HUD, and Conventional) and settlement of property transfer and is authorized for use in all states. Some states, very few, require a specific state inspection form be used exclusively; otherwise, the NPMA-33 is used for all real estate transactions purposes.
Actually two (2) separate documents specify, between them, all the inspection instructions and treatment recommendation guidelines: 1) the NPMA-33 and 2) the Suggested Guidelines for Completing the Wood Destroying Insect Inspection Report form NPMA-33 ("SG").
The NPMA-33 and the SG speak, each for itself, and the inspector's job is to follow the instructions and treatment recommendation guidelines as stated in said documents.
Key: Wood Destroying Insect Inspection Report form NPMA-33 = NPMA-33
Suggested Guidelines for Completing the Wood Destroying Insect Inspection Report form NPMA-33 = Suggested Guidelines or SG
Treatment Recommendation Guidelines = TRG
Wood destroying insects = WDI
Licensed Exterminator or Pest Control Operator = PCO
1. Why is an inspection, the NPMA-33, required for my transaction?
Answer:
One of the parties (mortgage company or loan underwriter or real estate company's listing agreement, buyer, federal or state regulation, municipal ordinance and/or etc.) is requiring the inspection.
NOTE: WDI can infest a structure at any time including following treatment. WDI treatment is neither an exacting science nor a permanent control measure. WDI can survive in a structure following treatment and reinfestation can occur at any time.
2. What wood destroying insects are included in the NPMA-33?
Answer:
The NPMA-33 includes visual inspection of the readily accessible areas for WDI infestation evidence from:
1) Termites
2) Carpenter ants
3) Carpenter bees
4) Reinfesting wood boring beetles (Anobiid & Lyctid & Bostrichid powder post beetles – Bostrichid powder post beetles rarely re-infest, old house borers, and wood boring weevils)
3. What kind of WDI infestation evidence is the inspector looking for?
Answer:
The NPMA-33 limits visible WDI evidence to the following eight forms:
1) Live insects
2)
Dead insects
3)
Insect parts
4)
Frass
5)
Shelter tubes
6)
Exit holes
7)
Staining
8)
Visible damage from/caused by WDI. This is only a "form" of WDI infestation evidence; it does not constitute a damage inspection in any form.
4. Does the NPMA-33 require treatment and/or can the inspector require treatment?
Answer:
No; to both questions. The inspector/inspection company does not have the authority to require treatment and the NPMA does not establish any treatment requirements.
5. Who requires treatment?
Answer:
Any of the following parties or entities (see listing below) may require treatment based on: 1) the findings reported (listed) in the NPMA-33 report or 2) other contractual stipulations. Different parties may have stipulated different requirements; a real estate listing agreement may establish different treatment requirements than the loan underwriter and/or a state regulation and/or a municipal ordinance. Parties of a real estate transaction, and their agents, if any, should know all the pertinent circumstances regarding treatment requirement.
1) Real estate listing agreement
2) Mortgage requirement
3) Loan underwriter (FHA, VA, HUD, Conventional) requirement
4) Individual lender requirement
5) Buyer's offer to purchase
6) Federal or state regulation
7) Municipal ordinance
8) Any combination of the above and/or or some other reason and/or etc.
NOTE : One Thing is certain: the inspector/inspection company is not requiring treatment and neither is the NPMA-33. If a party wants to dispute a treatment requirement, they must take the matter up with the requiring party; the inspector and inspecting company have no control over such matters.
6. What structure(s) are to be inspected?
Answer:
Only the structure(s) itemized in Section I (see the "structure" box in Section I of the NPMA) have been inspected.
If a party wants to dispute what structure(s) are to be, or should have been inspected, they should do so before closing.
NOTE: The party ordering the WDI inspection is solely responsible for informing the inspection company as to which structure(s) need inspecting and for arranging inspection access.
7. After performing the NPMA-33 there was no reported WDI evidence and Box "A," in Section II, was checked indicating same. Does this mean that the structure is free of WDI and WDI damage?
Answer:
No.
The NPMA-33 1) does not state that any structure is free of WDI or WDI damage and 2) the NPMA-33 clearly states that WDI and WDI damage may exist in hidden and concealed areas and 3) the NPMA- 33 is not to be construed as a guarantee or warranty against latent, concealed, obstructed or hidden, or future infestations or defects and 4) the NPMA-33 states that it is not a guarantee or warranty as to the absence of WDI and 5) the NPNA-33 clearly states that it is not a structural integrity report and 6) the NPMA-33 clearly states that the inspector's training and experience do not qualify the inspector in damage evaluation or any other building construction technology and/or repair. In other words, the NPMA-33 is neither a damage report nor a declaration that the inspected structure(s) is (are) free of WDI infestation evidence including WDI damage.
NOTE : WDI can infest any structure at any time. A structure containing absolutely no visible evidence of WDI can have extensive WDI infestation and WDI damage which remained undetected because it was concealed and/or hidden (Refer to Section IV on Page 1 and Part 3 on Page 2 of the NPMA-33 regarding obstructions and inaccessible areas).
8. What does "visual inspection of the readily accessible areas" mean?
Answer:
It means that the NPMA-33 is limited to visual inspection and that the visual inspection is limited to the areas which were readily accessible at inspection time. Readily accessible as applied to visual inspection, according to Webster's New World College Dictionary, 4 th Edition, is defined as: "easily approached and viewed without any hesitation or delay."
9. Are the areas where stored items are located inspected?
Answer:
No.
No inspection has been performed in inaccessible areas or areas where obstruction existed at inspection time See Section IV on Page 1 and Part 3 on Page 2 of the NPMA-33 regarding obstructions and inaccessible areas). The inspector is not responsible for moving or removing obstructions for inspection purposes and is not responsible for inspecting inaccessible areas and/or where obstructions existed at inspection time.
10. Is the NPMA-33 covered by or does it include any kind or guarantee or warranty?
Answer:
No.
The NPMA-33 includes no guarantees or warranties, implied or otherwise, and no person or entity should construe to imply otherwise. Refer to section II and page 2 of the NPMA.
11. Can termites infest a structure which has been treated for termites or a structure where a baiting system is in place?
Answer:
Yes.
Liquid soil treatment is more effective than a baiting system. However, termites can infest any structure at any time including structures where termite treatments, baiting systems, and/or other termite control measures have been performed. There is no such thing as a perfect termite control measure; anything in the ground other than soil (dirt) is a treatment obstruction. Termite preventions and controls are neither exacting sciences nor are they permanent control measures. Live termites may survive in a structure following termite treatment, placement of a baiting system, and/or application of any other termite control measure and termite reinfestation can occur at any time.
12. Who pays for required treatment(s)?
Answer:
Who pays for required treatment(s) should be disclosed in the document which established said requirement. It's a contractual thing and there may be more than one party requiring WDI treatment (see question # 5 above).
13. What if I disagree with the inspector's findings?
Answer:
If you you disagree with the reported findings, you may request and pay for a 2 nd Opinion Inspection by another (different) company.
14. What is a 2nd Opinion Inspection?
Answer:
It is a second (an additional) inspection performed by another company. It can be limited to conformation or denial as to the identification of previously reported evidence by another inspection company or it can be a provided in the form of a second NPMA-33 inspection and report performed by the second inspection company. You must provide a copy of the previous inspection report(s) to each additional inspector.
15. What if I dispute the basis for the inspector recommending treatment?
Answer:
Inspectors make mistakes just like everybody else; they are human. However, an inspector should not alter accurately reported findings.
16. Who keeps the "original" copy of the NPMA-33 report?
Answer:
The inspector/inspection company keeps the original. Business can be transacted with a legible copy or a fax of the NPMA-33. The NPMA-33 form succeeded and replaced the NPCA-1 form effective (09/01/2004).
17. Where are the Treatment Recommendation Guidelines (TRG) stated?
Answer:
The TRG are found in two separate documents: 1) Part 2 on Page 2 of the NPMA-33 which is related only to subterranean termites and 2) Section III of The Suggested Guidelines (version 09/09/2004) which is a separate document, but pertinent to the NPMA-33; the SG gives additional treatment guidelines regarding WDI.
18. Do I have to be present at the inspection site at inspection time?
Answer:
No.
However, the inspector will need access into all buildings which are to be inspected; otherwise, inspection will be limited to the visible areas of the exterior of the building(s).
19. Who's responsible for telling the inspector what structure(s) require inspection?
Answer:
The party who contacts the inspection company to order the inspection is solely responsible for informing the inspection company, at the time the inspection is ordered, what structure(s) is (are) to be inspected. Since this, ordering the inspection, is usually a phone transaction, the inspection company has a right to assume the requesting party is of legal age and duly authorized.
20. Can I pre-pay with a credit card for the NPMA-33 inspection and have the report sent by fax or mailed to me?
Answer:
Yes, but the inspector needs access into the structure(s).
21. Section II in the NPMA-33 also has a part which states: "It appears that the structure(s) or a portion thereof may have been previously treated." The inspector is to check either the "yes" or the "no" box. What constitutes visible previous treatment evidence?
Answer:
The inspector is looking for: 1) drill-hole patches in a pattern consistent with that which would exist following a termite treatment and/or 2) termite baiting stations installed by a PCO and/or 3) drill holes in exposed framing where same would exist following an old, outdated treatment method popular before the mid 1950s.
If the property owner has appropriate documentation from a PCO showing that the structure(s) has (have) been previously treated for termites using a liquid termiticide (a pesticide labeled for termites) within the previous five (5) years, s/he should give a legible copy of it to the inspector, otherwise, s/he should give a copy of it to their realtor or to the party (parties) requiring the inspection. Whether or not the treatment documentation satisfies the transaction requirements or the buyer is not up to the inspector/inspection company. Property owner has sole burden-of-proof regarding proper treatment verification.
NOTE: The inspector has no authority to judge work performed by another company.
If you live in the "Greater Kansas City Metro Areas"
Call
BEST EXTERMINATORS, INC
(816) 765-8844
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