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Thread: Old Report

  1. #1
    Join Date
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    Default Old Report

    How do you all handle the situation where the deal fell thru on a property where you did the inspection and the new potential buyers want to see a copy of report for a fee (less than original fee). I have had this come up before and have told them that if the past client was okay they could get copy from them. Who owns the report?

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    Tom Rees / A Closer Look Home Inspection / Salt Lake City, Utah

  2. #2
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    Default Re: Old Report

    This has been covered here many times in the past with varied views.
    My personal position is that I am bound by the state laws that prohibit me from discussing the report with anyone except my clients or people they approve. My clients are the ones who paid for the report in the first place and signed my inspection agreement. Neither I nor the sellers or agents can violate that confidential relationship. My clients can expand who I talk to at their discretion but my fall back position is that the report is only good on the day of the inspection (a snap shot in time) for the original clients.

    Jim Luttrall
    www.MrInspector.net
    Plano, Texas

  3. #3
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    Default Re: Old Report

    My stance is the report belongs to the original client. If they wish to get it from them I have no problem with that. But, they won't get the clients name, phone number or any other information from me.

    MinnesotaHomeInspectors.com
    Minnesota Home Inspectors LLC
    ASHI #242887 mnradontesting.com

  4. #4
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    Default Re: Old Report

    Not your report to sell or discuss. You sold it to the client you worked for initially. The copy you hold is only for your records and so you can discuss it with the original client.

    There was a good thread about this just within the last week or so. You should be able to find it within the top 10-15 threads of one of the sections.... I think it might even be this one.


  5. #5
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    Default Re: Old Report

    http://www.inspectionnews.net/home_i...ownership.html

    Here it is.... it was in 'Inspection Blues' - lots of good info on the subject.


  6. #6
    Join Date
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    Holladay, UT
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    Default Re: Old Report

    Thanks Matt and the rest, I searched this forum but didn't find anything. I read my code of ethics and it states that I can share it with others as long as I have written permission from client. I wouldn't feel right taking any extra $ although I could use it.

    Tom Rees / A Closer Look Home Inspection / Salt Lake City, Utah

  7. #7
    Don Burbach's Avatar
    Don Burbach Guest

    Default Re: Old Report

    For me, the problem is dealing with a situation that I have no control over or knowledge about, as well as no contractual obligations from Buyer 2. If Buyer 1 chooses to give my report to Buyer 2, all of the cautions, answered questions about the report, Buyer 1's knowledge and raport with me, etc.... vaporize.

    I don't want to deal with someone who has no first-hand knowledge about my work, doesn't owe me any credence, hasn't paid me a nickel, and who may use my work in ways that I couldn't have imagined.

    If Buyer 2 approaches me, I'll politely offer to do a new inspection and offer a discount for good will, but go through my same inspection process as I do for every inspection using my everyday diligence, contract, and report.


  8. #8
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    Default Re: Old Report

    Don, That is exactly how I have always handled it in the past. I was just curious about how everyone handles the situation. One question. Could I be in any way liable if my client gave the report to the new buyer and the new buyer discovered an error or omission.

    Tom Rees / A Closer Look Home Inspection / Salt Lake City, Utah

  9. #9
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    Plano, Texas
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    Default Re: Old Report

    You are only truly liable after a court finds you liable but you can be sued for anything. Once a suit has been filed you have already lost due to time, frustration, defense expense, etc. whether or not you lose the verdict in court or not. Strong, plain disclaimers (which may or may not hold up in court) can help to deter people suing you.
    That said, I think if you had no dealings with the person (no contract) they would have no standing to sue you.

    Jim Luttrall
    www.MrInspector.net
    Plano, Texas

  10. #10
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Old Report

    Quote Originally Posted by Tom Rees View Post
    Don, That is exactly how I have always handled it in the past. I was just curious about how everyone handles the situation. One question. Could I be in any way liable if my client gave the report to the new buyer and the new buyer discovered an error or omission.

    I guess that depends on your state and how clever a lawyer may be. I do seriously doubt that anything can come back on you. You did not do the inspection for them. You did not sell them the inspection report. You had no verbal or written agreement with them.

    I have heard in the past about folks trhying to go after inspectors that did past inspections for someone else. I don'y know if anything ever came from them. I would say the chances are slim to none.


  11. #11
    Join Date
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    Spring Hill (Nashville), TN
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    Default Re: Old Report

    Quote Originally Posted by Tom Rees View Post
    How do you all handle the situation where the deal fell thru on a property where you did the inspection and the new potential buyers want to see a copy of report for a fee (less than original fee). I have had this come up before and have told them that if the past client was okay they could get copy from them. Who owns the report?
    Tom, you will get a ton of opinions on this.

    Your original client really owns the report. It is your work product, but you sold it to your client.

    I have had this come up several times over the years. I simply reply that since "X" number of days have passed and something could have changed or happened at the home; I'm required to do a new inspection on the property.

    I never have an argument when I state it like this. I do not discount or offer to discount the price. Look at it as a business transaction, and don't worry about what the real estate agent thinks or the person who wants a copy of the report.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  12. #12
    David Selman's Avatar
    David Selman Guest

    Default Re: Old Report

    Tom,

    My home inspections are performed for a single client and represent the property at the time of the inspection. They are not transferable. If a someone want to see a home inspection, I will perform a new inspection even if it is on a house I inspected recently.

    Thanks For The Question,
    David Selman
    Selman Home Inspections


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