Disclaimer seems to be workable. The consideration here it that your liability does not cover anything after you walk off the property. The jest being an on site conditions at the time of the inspection.

Once you walk off the property many things can change and often do. Seller takes things that were negotiated to stay, someone broke in and vandalized the property or stolen things, weather conditions can change things. It is just the way things go.

Your liability will not cover these conditions. Agents should be smart enough to know that these things happen.

As far as using your Confidential Information I would only leverage that when and if it is used against you or in a court of law, exercise that as a premise for dismissal. You could counter sue as a nuisance for lost time, etc. the agent who gave the report out to others based on your confidentiality clause.

You have no control over others or how they use your report after it has left your hands. You would need to negotiate a contract with agents that they do not pass along this "Confidential Information". Then you have leverage that would show cause for breach of contract.

Some states do have laws against such practices but California is not one of them. And the general opinion is no one wants licensing in California and I do agree that licensing devaluates the quality to the consumer as well as regulates areas that restrict you from performing a quality inspection.

I would say the percentage of your report being given to others is one that happens occasionally and not often enough to be to concerned.

Claudia Lawrence-Cothran
TWI Affiliates Reporting and Training
Home of the Uniform Building Inspection Report and OnSiteDataSolutions Software. Over 20 years of Setting the Standards The Home of TWI Affiliates, LLC. Products and Services - Home