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Ken Amelin
03-20-2019, 06:07 AM
I send my report electronically to clients and they have two weeks to download the report from my webservice. I frequently get requests to resend a report to a client after a long period of time has passed. Often it is many months after I do the inspection. If it is a year or so, I don't resend, as I suspect the client is giving my report to others. But at 6 months after I still wonder why they want another copy. Is this common with others? How do other inspectors handle these type of requests.

Jim Robinson
03-20-2019, 06:50 AM
I just send it out of it is my original client. If they want to give it to someone else, I have no problem with it. They paid for it. It does trigger some anxiety if it's been a few years. I worry that there is a problem that came up later. But I created the report, and I have to stand by my work so I send it out and hope nothing comes of it. So far, in 16 years nothing significant has. They usually just lost it.

Gunnar Alquist
03-20-2019, 10:20 AM
I send my report electronically to clients and they have two weeks to download the report from my webservice. I frequently get requests to resend a report to a client after a long period of time has passed. Often it is many months after I do the inspection. If it is a year or so, I don't resend, as I suspect the client is giving my report to others. But at 6 months after I still wonder why they want another copy. Is this common with others? How do other inspectors handle these type of requests.

As with Jim, I just resend the report. People sometimes don't save the report to their computer, don't remember where they saved it, have a hard-drive crash without backups, all kinds of reasons. Most of the time, I suspect they either forgot to save it or forgot where they saved it. They bought the report and I figure they have a right to it and it doesn't take me a lot of time to find the file and resend.

Dom D'Agostino
03-20-2019, 02:10 PM
2 weeks to view the report and then it's gone? Seems unreasonable.

If they printed it on day 1 and distribute the report next year after running copies at home, would you even know? Point is, it's their report, who knows what the reason is. Perhaps, as has been mentioned, they are not very organized.

Maybe they are finally getting to some of the repairs you listed.

Gunnar Alquist
03-20-2019, 04:29 PM
Maybe they are finally getting to some of the repairs you listed.

:D;) Hahahahahaha! Dom, you are hysterical! :rolleyes:

Jeff Zehnder
03-21-2019, 04:03 AM
As others have stated, I just send them the report. If they share it it is their business but i am not obligated to anyone but my client.

Jim Robinson
03-21-2019, 07:12 AM
:D;) Hahahahahaha! Dom, you are hysterical! :rolleyes:

I do know that was the reason for several of the people. They were getting ready to sell the house and hadn't done any of the repairs mentioned.

Trent Tarter
03-21-2019, 10:47 AM
My reports are hosted online and are available forever. Having only two weeks to access a report before it expires is ridiculous. The customer paid for the report and should always have access in my opinion. I could care less on who the report get shared with. I get email notifications when people access reports or forwards them. It's common for clients to view reports months later after they have moved in. Also it's common for people to look at reports years later to get the home ready to sell again.

David Wigger
03-21-2019, 11:13 AM
I do know that was the reason for several of the people. They were getting ready to sell the house and hadn't done any of the repairs mentioned.

Same for me. They also contacted me to do the inspection on the new home they were buying.

Jack Feldmann
03-21-2019, 11:18 AM
I have my ISN set to 90 days. When I get a request, I just change my settings and let them them know they can download it. I remind them to save it to hard drive, etc, and the link will only be available for 24 hours. Then I reset back to 90 days.

Jerry Peck
03-21-2019, 01:41 PM
One way not to worry about your reports is to put a footer on every page which says to the effect of (I don't have my wording with me):

Use of, reliance on, and/or reference to this report and/or any part of this report, for any reason, has the effect of acknowledging and agreeing with the provisions, conditions, and limitations of the Contract For Services, included herein on pages x and y of this report. This report is not to be used, relied on, and/or referenced in part as the part of the report taken separately from the whole report takes the information out of the context it represents.

Something like that wording as a footer on every page, even the front page and the Contract For Services pages.

Added with edit - I had something in there about them holding me harmless to.

Markus Keller
03-24-2019, 07:02 AM
I couldn't even remember how many people call me for a copy of the report 3,4 years later. Pretty much always the same scenario. They are either selling and want to actually do some of the work so it doesn't come up during inspection or finally have some money to do the work for themselves.
They paid for the report. They need another copy, its fine. Just had a guy email me for a two year old report last week. Wants to go through it because he's got some money to do work this coming season.
I guess you could be paranoid about it but good customer service tends to alleviate a lot of that. As far as clients giving it to others I don't care. They paid for it they can do what they want. If a client gives your report to a new buyer 4,5 years later its meaningless. Who knows what the house looks like after all that time. If the buyer is dumb enough to rely on that report they probably would also be the buyer who hires a $199 checkbox idiot.

Stephanie Jaynes
03-25-2019, 05:08 PM
I send my report electronically to clients and they have two weeks to download the report from my webservice. I frequently get requests to resend a report to a client after a long period of time has passed. Often it is many months after I do the inspection. If it is a year or so, I don't resend, as I suspect the client is giving my report to others. But at 6 months after I still wonder why they want another copy. Is this common with others? How do other inspectors handle these type of requests.

This question is fascinating to me. So interesting, in fact, that I went ahead and called our claims team to see what they thought.

Based on our conversation, there isn't a right or wrong answer. We haven't looked for one state by state, but no laws came to mind that require a home inspector to send the client their report after the client received it the first time. And, since we've never thought to collect data on whether or not the client asked for the report later on, we don't have any numbers to suggest that sending the report again encourages or discourages claims.

Some thoughts on the pros and cons of sending it again:



If you don't send the report, particularly within the year after the inspection occurred, it could look escalate the situation by either a) angering the client or b) making it look like you have something to hide.
We can think of some instances when inspectors resent reports and then the clients filed a claim. However, we never get reports of people sending the reports and then not getting claims because we don't ask for them. So, we can't say which way it usually goes.
Reports can act as deterrents for claims. For example, a client finds a leak. They request the report from you and realize that you reported the leak. They don't file the claim because it was called out in your report.
In addition to making a claim, here are a few other reasons a client could be requesting a report: to make recommended repairs, in preparation to sell their house, to figure out if it's time to replace an appliance, etc.
When a client does ask for a copy of the report, you could use it as an opportunity to see if there's an issue. Either send or don't send and then ask, "Hey, are you running into any issues since moving into the home that you're concerned about?" Then, if they are considering making a claim, you may be able to nip it at the pre-claims stage.
If you do decide to resend reports, and your insurance company offers pre-claims assistance, you could report each instance as a pre-claim to be safe.


Super interesting question. Hopefully, some of those concepts above help you decide what to do either way.

Gunnar Alquist
03-25-2019, 05:38 PM
This question is fascinating to me. So interesting, in fact, that I went ahead and called our claims team to see what they thought.

Based on our conversation, there isn't a right or wrong answer. We haven't looked for one state by state, but no laws came to mind that require a home inspector to send the client their report after the client received it the first time. And, since we've never thought to collect data on whether or not the client asked for the report later on, we don't have any numbers to suggest that sending the report again encourages or discourages claims.

Some thoughts on the pros and cons of sending it again:



If you don't send the report, particularly within the year after the inspection occurred, it could look escalate the situation by either a) angering the client or b) making it look like you have something to hide.
We can think of some instances when inspectors resent reports and then the clients filed a claim. However, we never get reports of people sending the reports and then not getting claims because we don't ask for them. So, we can't say which way it usually goes.
Reports can act as deterrents for claims. For example, a client finds a leak. They request the report from you and realize that you reported the leak. They don't file the claim because it was called out in your report.
In addition to making a claim, here are a few other reasons a client could be requesting a report: to make recommended repairs, in preparation to sell their house, to figure out if it's time to replace an appliance, etc.
When a client does ask for a copy of the report, you could use it as an opportunity to see if there's an issue. Either send or don't send and then ask, "Hey, are you running into any issues since moving into the home that you're concerned about?" Then, if they are considering making a claim, you may be able to nip it at the pre-claims stage.
If you do decide to resend reports, and your insurance company offers pre-claims assistance, you could report each instance as a pre-claim to be safe.


Super interesting question. Hopefully, some of those concepts above help you decide what to do either way.

Hi Stephanie,

That was very helpful. Thank you.

Jerry Peck
03-25-2019, 05:49 PM
I had a simple solution when I was doing inspections.

Even though I did my reports on a computer, going back to 1994, and when the internet became a viable means to send reports and I sent reports via email first, then when my reports became too large (file size) to send by most emails, I uploaded them to my server and sent a link to my clients, but ...

I also printed my reports and gave them a copy ... all 200-300-400-even 500 pages ... printed in color and bound up with a clear front cover and a bordeaux back cover.

Many of my clients used my reports as a 'coffee table book' to display for their neighbors (which lead to me doing entire subdivisions of new houses).

Misplace my report or forget where it is? No likely!

:first:

Robert Barrett
03-26-2019, 05:50 AM
As others have stated, I just send them the report. If they share it it is their business but i am not obligated to anyone but my client.

This exactly... The original client has paid for the report and it is theirs, but ONLY for their use. I will not respond to any questions or comments about the report, regardless of how old the report is, except to the original client and I do remind them of the contract they signed which clearly says that the report may not be resold or given to another person.

Stephanie Jaynes
03-26-2019, 11:15 AM
I do remind them of the contract they signed which clearly says that the report may not be resold or given to another person.

Good idea to cut down on report swapping.

Jerry Peck
03-26-2019, 05:41 PM
I do remind them of the contract they signed which clearly says that the report may not be resold or given to another person.


Good idea to cut down on report swapping.

Add in a statement that if the report is resold, given, transferred, or otherwise allowed to be used by another person, that they will hold you harmless.

Steve Rush
06-26-2019, 08:42 AM
Add in a statement that if the report is resold, given, transferred, or otherwise allowed to be used by another person, that they will hold you harmless.

Jerry,

That doesn't work in California as there is old case law (Leko v Cornerstone) that says reports are used for supplemental disclosure. Hold harmless comments in reports or contracts are speed bumps only but do not prevent one from getting sued.
My only case is 30 years just occurred and recently settled in mediation. Cross complaint by agent/ broker not buyer. Buyer sued agent/ broker for failure to provide reports before purchase. I was named only for attorney fees and every issue they claimed for negligence was in my reports. I mentioned to my attorneys that I was not given chance to defend suit as I have various hold harmless comments in my reports. Both mediator and attorneys said they are unenforceable.
Suit settled for less a couple thousand. Now my insurance has increased and had a hard time getting insurance. Pisses me off. A nuisance suit that settled by blackmail and I get F**ked by insurance rate increase and inability to get insurance without much hassle.

Steve Rush

Gunnar Alquist
06-26-2019, 09:09 AM
Steve,

I feel your pain. I endured something like that about 10 years ago. You might try Kevin Healy at Fort Baker Insurance (415) 215-8147 KHealy@FortBakerIns.com

Ronald Betschman CFDI,CML
06-29-2019, 06:06 PM
Best advice is to keep records no longer than required by law. Your tax preparer would tell you that. Did you keep all the tax records since you started in business? Of course not!

Doing so lets protects you from:
1.)Divorce cases that are using your report to change the value of an estate and you end up in the middle.
2.)Protects you from disclosing information that is asked for in a deceptive act to affect a current negotiation for sale
3.) protects you from disclosing client information that is protected by the new European laws protecting an individuals rights to privacy.

You are creating a report established on a snap shot in time. Whether things changed and when are up to the complaintant to prove you saw and were in existence. Make a policy of complying to what is required b law and quit being an unpaid servant. An attorney will charge handsomely for an employee to do a record search whether in house or at the court house.