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Author Topic: Dealing with home owner  (Read 1703 times)
Casey Patten
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« on: July 16, 2009, 10:10:26 PM »

Had a question, and if it's been asked before, let me know where I can look at the responses.  I had the owner of the house I inspected yesterday call me and ask for a copy of the report.  I was always under the impression that it's between my clients and myself since they paid for it.  I told her that but she was persistent, so I said I'd speak to my clients and see what they wanted to do.  I'm leaning toward saying no, that it's not my policy to give the report away, or if she wants it badly enought, that she can pay my fee for the inspection.  Thoughts?  Suggestions?  Great advice??? 
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Dominic Maricic
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« Reply #1 on: July 16, 2009, 10:13:26 PM »

Depends. In a few states the owner is entitled to a copy of the report. In some (like Illinois), you MUST get permission or you could get your license revoked. In most states it doesn't matter what you do, but as a rule in those states most inspectors get permission from their clients first. I'm not sure about MN, but I'm sure some of the guys here will know.
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David Macy
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« Reply #2 on: July 16, 2009, 10:18:01 PM »

Casey

The inspection report was paid for by your client. The report is prepared for your client.

I have a section on my contract where the client initials if they will release to buyer/seller/Realtor.

I would of told the seller they need to contact the buyer/client/Realtor if they want a copy of the report.

Hope this helps.

I may of also told the seller when they called if you obtain a copy of the report you need to disclose this information. (Depending on the condition and the tone of the sellers voice, like if they where pissy because of some issues that were reported)
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Casey Patten
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« Reply #3 on: July 16, 2009, 10:24:01 PM »

David,
That's exactly what I told her; my contract also has checks for the client to release the report (they did, to their realtor, who is also the realtor for the seller).  Do you mean that if the home owner gets a copy of the report that they should disclose that to me, my client, etc. or that they need to disclose the items in my report...I'm a little lost there...
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David Macy
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« Reply #4 on: July 16, 2009, 10:27:32 PM »

They would need to disclose the report to future buyers if your client decided to walk away.
But it may just be they need a copy to repair the items that your client may be requesting.

This is the realtor's job not yours.

I am not a big fan of a dual agent. Were is there loyalty to, the buyer or seller.
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Michael Merino
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« Reply #5 on: July 16, 2009, 11:29:39 PM »

Check your state law. Like Dom said. In my state, Illinois, All findings are confidential. I can not share the report or findings with anyone without the clients permission.
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Will Handley
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« Reply #6 on: July 17, 2009, 01:35:25 AM »

What state requires "the inspector" to provide a copy of the report to someone other than the client?  California states the seller has a right to any and all reports performed on behalf of the buyer regarding the subject property, but it's the contract for sale and is specifically between buyer and seller.  In California being the conduit for delivery of the report and or information regarding property condition, can make you liable to the seller and or any subsequent buyers should your client cancel escrow.

If anyone wants a copy of the report, let them take it up with your client.... 

BTW, I had two separate requests today to speak about my reports for two clients who cancelled both sales.  I won't even return those calls, period.  My report is for my client and their transaction only.  All other buyers of those properties should obtain their own inspections of the subject properties for their transactions....     
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Dominic Maricic
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« Reply #7 on: July 17, 2009, 02:43:01 AM »

Sorry Will, you're right I wasn't clear. California was the state I was thinking of where the seller has a right to the report, but as you said, it's not the inspectors responsibility to pass the report on.
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Casey Patten
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« Reply #8 on: July 17, 2009, 08:30:29 AM »

Thanks guys; very helpful in how to deal with this.
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John Adrian Sopher
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« Reply #9 on: July 17, 2009, 08:33:11 AM »

Casey

The inspection report was paid for by your client. The report is prepared for your client.

I have a section on my contract where the client initials if they will release to buyer/seller/Realtor.

I would of told the seller they need to contact the buyer/client/Realtor if they want a copy of the report.

Hope this helps.

I may of also told the seller when they called if you obtain a copy of the report you need to disclose this information. (Depending on the condition and the tone of the sellers voice, like if they where pissy because of some issues that were reported)

Hey David can you post that section of your contract on here?  I have been thinking of writing something up for this very thing but didn't think about adding it to the contract.
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