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Tips on completing the West Virginia Trustee Report Of Sale Form

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okay so today we're going to look at the.wood destroy an insect report for.settlement whether you're a realtor a.buyer or seller the ultimate goal is to.have the home transferred and a win-win.situation unfortunately that is not.always the case and one of the things.that comes up is a major sticking point.is the wood destroy an insect inspection.and the report one of the biggest.questions when that comes up and will.always come to the front is is the.infestation active or inactive and this.short little seminar will begin to.answer that question and it will all be.based on a report so there's no hearsay.no rumors no myth because a lot of.things are said by the inspectors and.also by Realtors that have been told to.them when in reality everything on the.report is clear-cut and drive black and.white again this is what we all want to.see the end result is the home is sold.buyers happy sellers happy Realtors.happy until this happens the would.destroy 10sec report is a report that.has to be made for settlement and at.that point the inspector is looking for.any damages or infestation evidence that.word evidence is key so everything we're.going to talk about today is going to be.based on what is actually written into.the report so that you will be familiar.as a buyer seller or a realtor on what.actually the requirements are which.might be a lot different than what you.may think so let's break it down it's.only gonna be a couple of minutes and by.the end of this you'll be able to answer.your own questions you won't have to.rely on hearsay evidence because it's.all written in black and white on the.report everything you need to know is.actually written on the report and.spelled out which is given to the buyer.to sell on the realtor either prior to.settlement or at the settlement table.preferably have to set them on table.what happens that the inspector reports.any evidence of infestation the question.active or inactive always comes up.that's the biggest problem in the.industry today is being able to identify.what is active or inactive when.basically the report spells are not.clearly for you and it should not be.left to hearsay so what we're going to.deal with today is the reports that are.used in Virginia of West Virginia and.the District of Columbia all three of.these areas.Tristan state rely on the MP mas 33 form.which is the official wdi report in.Maryland you'll be dealing with the MD -.one form report which is essentially the.exact same report however in October of.2019 the NPM may - 33 form did go.through modifications which are listed.on the back of the page and yes there.are two pages to the report most people.only see the first page however for.clarification on any questions on active.inactive one must refer to the back of.the report which again clearly spells it.out so what we'll teach today has to do.with active inactive and evidence of.findings and it is consistent with all.the reports such as the MP ma - 33 form.and MD - one form it will be no.different as I said both the reports are.basically the same except for the back.of the MP m8 - 33 form change somewhat.and the indi - one form remain.consistent with the report that has been.for years what we're mostly interested.in and yes there are two pages well.we're mostly mostly interested in that.we're going to discuss a day is the.major sticking point of active inactive.on inspection findings which will be the.box I just outlined in red the report is.complex on many of the limitations and.requirements the inspector may do but.basically the biggest problem is when.the inspector reports evidence of.infestation and the question of active.inactive because it comes down to if the.house needs to be treated or not needs.to be treated and what the requirements.are that mandate that which will go into.depth on it's very simple although it's.discussed with a thousand different.ideas.it is plain black and white in which we.will spell out for you so you don't.leave it's a speculation or what you.should or should not do as a buyer.seller or realtor first let's clear up.what a WD is most Realtors most buyer's.or seller's will consider this a termite.report the terminology is misleading.it's a wood destroyed insect report.basically what the lender is wanting to.know is if the home the structure are.the real estate that's being purchased.is free and clear many would destroy an.insect damage or infestation now what is.a wood destroy an insect and.and make no difference there is a.difference between a WTO which some.states have which is a widget or.organism for they're dealing with wood.decay fungi and a wood destroy an insect.report the District of Columbia Maryland.West Virginia in Virginia.only used a WD our report at this time.so we'll concentrate on just what is a.WD I of course it's termites they can be.termite active termites and termite what.we call a late source warmers and.carpenter bees carpenter ants and.wood-boring beetles and there's only two.types of wood-boring beetles although we.won't go into depth on that what I'm.basically saying is that the inspector.is looking for evidence of infestation.of any one of these we're destroying.insects or evidence of damage from these.wood destroying insects.so let's get down to the real question.at hand let's say you're selling your.house or you're buying a house and a.termite inspector which they commonly.call turn my inspectors although it's a.widget or insect report has reported.evidence of what destroying insects at.that point you're getting different.stories of its active attend active.should you treat them not treat and the.decisions made here are based on a lot.of time theory assumption and what.they've heard in the past when it.actually has spelled out what should be.done and it should be no question.however it's the biggest question in a.world active reactor so let's look at it.real quick so if you're dealing with.section two inspection findings first we.will go over the obvious the obviously.but there's only two boxes in here that.we need to be concerned with box a no.visible evidence of we're destroying.insects was observed if that box is.marked.you're free and clear to go if the.trustee in spectrum thinks he did a good.job and found no would destroy an insect.evidence here's where the problem comes.up in memo we're dealing with the word.evidence at this point when box B is.marked what people do not realize is.there's three boxes under box B and.again when in Box B is marked the.Realtors and sellers and buyers are all.going to approach this is it active or.inactive I want you to note that the.word active or inactive it's not on the.front page of this report at all what is.on the front page of this report under.box B is evidence of what destroyed.insects the inspector is merely a.reporting agent he is only reporting.what he or she sees so if he marks any.evidence of which destroying insects.which can be live insects it can be dead.insects insect parts fresh shelter tubes.exit holes are staining termites lead.staining tubes and also boo carpenter.bees or it could be visible damage the.fact that there's no live insects has no.bearing at all on it.because there's no way to tell if the.infestation is active or inactive.therefore the lender who requires these.reports before they alone the money once.to know if there is any evidence of wood.destroying insects reported at that time.and again the inspector is nothing but a.reporting ages so here we or she reports.what they see.and at that time the burden of proof is.on the seller to prove that that.evidence that has been reported has been.addressed in the past it could have been.treated in the past it could be under.warranty but it needs to be shown and.reported to the inspector or to the.lender or to the Realtors involved that.the infestation that is reported is has.been addressed and remember the word.active and inactive is not on this at.all.so when they ask you if it's active or.inactive this immaterial if the.inspector he or she marked box B in any.of those three boxes it is considered.active until the seller can prove that.it has been treated or that arrangements.that has been made to address this this.is done to protect a lender and the.seller it is what it is it's written.clear on a report so when an inspector.from another company tells you that.well that's inactive doesn't have to be.treated that is an assumption and not.consistent with a report there for.termites which a subterranean don't live.in a structure to surface and refeed at.any time or could be feeding in there.and it just was a scene if an inspector.does give you the assumption that is not.consistent with the report if he doesn't.show evidence of treatment all that has.done in the field many times however.it's black and white clear and can be.read so while it may appear and maybe it.is sometimes uses a strong-arm attempt.to solicit money for a treatment that.some may consider as active or inactive.remember the inspector is just a.reporting agent he does not mandate or.require treatment he reports it to the.lending agent they will propose.treatments as be a part of the.remediation because if there's no.evidence shown of remediation and.treatment will be needed because this.guy this guy is a lender he's the one.there's no state law there's nothing in.written in the law that says you have to.treat it I believe the real estate.contract says it has to be remediation.remediated but nonetheless it's totally.up to the lender the lender is not gonna.loan the money unless they are shown.that the evidence of infestation or.damage has been remediated so the.termite guy is only not too bad now.you're free to get other inspections and.a painter.which I strongly advise you do but.remember the report has been made they.have only reported on evidence evidence.must be remediated or corrected before.the lender will lend money for I don't.think it's a good guy bad guy in this.situation at all it just is what it is.if evidence is reported the thing to do.as a buyer or as a seller or as a real.estate agent who should be experiencing.this it's don't panic tips for sellers.and buyers of Realtors which I find.extremely important is remember the.respect the inspectors only reporting.the evidence of there you have it the.seller has a chance to rebut that with.the evidence of a trait previous.treatment or warranty however evidence.is considered active until proof of.treatment or warranty can be produced.for that evidence from the sellers you.have time a lot of people think I've got.settlement within a couple of days on a.settlement in a week I have to do this.or I'm forced into this treatment and.you feel like you're stronger and that's.not true any relative or termite company.can respond within 24 hours with either.an inspection or a treatment and often I.strongly suggest you get two or three.ideas on it but mostly you should know.the report because believe it or not.there's no requirement for anybody to be.certified under anything to perform it.would destroy an insect report.so there are certifications out there.but they're not required so you really.don't know if the inspect he may be or.you've used this suspect her for 10.years but he may not be familiar with.the Portis report as much as you think.yes therefore now that you know the.report you'll know more about it than.some of those guys do so anyway if.necessary get second opinion I'm strong.believer in second opinions if second.opinion contradicts make sure the.opinion is backed by a warranty a lot of.people will come out and say it doesn't.need to be treated although the lender.may have a different idea that but if.they say it doesn't even treat its old.its inactive again it's not on the.report those words are not on the report.make them give you a warranty or her.give you a warranty a lot of people will.give you an assumption just to clear the.house to get you through settlement but.they don't back it with a warranty so.I'm suspicious of that so make sure if.then someone's gonna clear the house say.it's inactive although that's not.consistent with the report make sure.they give you a warranty I think you'll.find.most will not give a warranty without.treatment you have time.any good termite company can respond.within 24 hours and you're not locked.into any one company there's a lot of.companies out there take time to.research past treatments and warranty.the first thing that an inspector should.do what's the report says is ask the.seller are you under warranty do you.have a termite company has treated us.before cuz a lot of the evidence that's.reported has been addressed in the past.but remember the respected that's doing.the report is just reporting what he.sees or he/she sees and if there's no.backup to show that it's been addressed.then it's going to be considered active.to the lender the limit is just trying.to protect interest and again on the.back of the reports for the MD - one.form and the NPM PMA form - 33 they're.different on the back as far as what the.requirements are for treatment.Virginians and District of Columbia and.West Virginia's requirements have gotten.a lot tougher saying that the treatment.should be rendered under almost any.circumstance that evidence reported and.no backup is shown for a previous.treatment maryland's a little less.strict on it however it does restate.they give you a five-year rule it's a.little bit different in the back but the.basics are the same if evidence is.reported something needs to be shown.that it was addressed or remediated in.the past again this should not be left.up to speculation hearsay or assumption.it's black and white on a report there's.no good companies or bad companies out.there it's the only companies that do.their job and report what they see and.back it up by the report at the end of.the day the seller and the buyer and the.realtor need to be comfortable that.they've been given proper information.and the only way to know that you have.proper information has becoming a.student on the report now we've.addressed active or inactive there's a.lot of other things and reports that we.could talk about but this is the main.one and I want to make sure that we were.all clear on that before we go for it so.you have any questions all you have to.do is refer the report cause it spelled.out in black and white.

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