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Old 08-28-2007, 02:25 PM
Lewis Capaul Lewis Capaul is offline
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Join Date: Mar 2007
Location: Rathdrum, Idaho
Posts: 224
Re: Confidential Report
In States where Realtors are required to disclose issue with a home they are selling I can somewhat understand their position. Once they are informed or become aware of a condition by reading a Home Inspection Report the knowledge of the existing condition is in their head, therefore they do have knowledge of an existing condition when a different buyer comes along, but they should not be able to give that buyer or anyone else a copy of your report, they should disclose their information in what ever way their office uses to disclose conditions that existed prior to your inspection.

I see somewhat the same problem in Listing Inspections, we often find things that the owner would really not want to know about, but once informed by our report or even verbally by the inspector, the seller "should" legally have to mention those conditions on his disclosure form. That's the problem with selling Listing Inspections, sellers often want to "play dumb" hoping that a buyers inspector will find nothing wrong, a Realtor is in a different position, once they have seen a report they "Have Knowledge" and a license to protect, but not with your HI Report.

In my opinion the Inspector owns the report, he sells a "copy" to his client with the understanding that others may "read" it, not that they be given their own copy, which is not the way things really work seeing as I ask them for written permission to send a copy to the buyers agent, who then sends it to the listing agent, who sends it to the seller, where it should end its journey. The problem is our clients, if they back out of the purchase, don't give a damn what happens to the report.

I was thinking about adding a statement that says something like,"If this report or any portion of this report is used for any transaction other than the purchase of this property by "my clients name" then a fee of $1000 must be paid to Snowy Mountain Home Inspection", it probably wouldn't do any good but it should get more attention that a copy write notice.
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