Thread: Unbelievable

Just got a call from an agent who has a buyer that is looking at a home I inspected last month.

Seems my client walked the deal, but the listing agent got a copy of my report and gave it to this new buyer to show it was recently inspected.

Now, she just called me and asked if I could change the name on the report to the new buyer so they could submit for approval from their mortgage company and also if I'd do the same for the WDI report. She's trying to help them save a few bucks.

What do think my response was?

rick

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You should have said sure, we can just swap clients names on the reports and my name for yours on the commission check

You going to report the pair of them, Rick?

This is when being in a licensed state really pays off. My normal response to a request like this is; I'm so sorry, but I can not do that as it is against the law in our state! Then I just don't say anything and let the person on the other end of the phone speak first. Usually they grunt, groan, moan and suck some air and then say something like ] Well, so and so has done it for me before. Then I say something like, well then you should report them to the license board as it is against the law.

That usually ends the conversation......

Rick,

I am sure you asked the agent what percentage of her commission check she was going to "refund" her client in need.

That report was only sent to her to renegotiate the contract. Other than that her posession rightd ended when that deal fell thru.

She needs to tear it up. the disclosure on there end is just that, their disclosure. The report was not done for the seller.

Your client went to the expense and the new buyer will be expectred to do the same.

I bet your responce to her were words with an F and another with an O or maybe something just a little bit more polite.

First of all, as hard as she may try, she will not be able to piss UP a rope. But I bet it wouldn't be very hard for her to 'Go F*** Y*u*s**F", and then as a parting shot, "she you in court".

While you may not actually say those things out loud, it really feels good when you scream it inside your head.

I like Jim Luttrall's suggestion best. She sounds like a Darwin Candidate with a high degree of greed to go with her "stupids." She makes one shudder for the folks she represents and the saddest part of all she is she isn't all that unusual in the Realty World.

Jack, such language.... I'm shocked !

My understanding is that the report is neither theirs or ours. It is the property of the client who ordered it. I got black balled frm the 2nd largest realty firm here for refusing to re-inspect the repairs for the second buyer. (yes, I do re-inspect from time to time) I demanded proof that my client had sold them the report. They told me to mind my own business.

JLMathis

Originally Posted by Jeffrey L. Mathis

My understanding is that the report is neither theirs or ours. It is the property of the client who ordered it.

You do copyright your reports, right?

You know, adding that 'C' in the circle copyright mark, or simply putting 'Copyrighted' along with your name (or company name) and the year.

Each report is original and copyrightable ('copyrightable' - is that a word?) material, "you" "created" it. You can sell it, license it, or do other things with it.

Some home inspectors "sell" a copy, similar to "selling" a book, which can them be given away, traded away, or even sold to someone else.

Other home inspectors "sell" a "license", as you get with your computer software, which allows the client to use it for their own purposes. There are some restrictions you can place on "licensed copies", and the license fee is part of the inspection fee.

Now, when it comes time to enforce a copyright on a report, it can get tricky, but the typical home inspector will never need to do that. All you have to do is say that the client bought a license to use it for their purpose, and no one else is allowed by that license to use it for any other purpose ... regardless how many times it has been copied or passed around, you own the copyright and your client owns the license to use that report for their benefit, and solely for their benefit on that house.

Jerry, Sorry, I didn't realize those thoughts were not just in my head.

My reports and contract clearly state it is for THAT client for THAT transaction ONLY, and no one else has rights to it. That has had no effect on it getting handed around several times - but it's still there.

Originally Posted by Jerry Peck

...regardless how many times it has been copied or passed around, you own the copyright and your client owns the license to use that report for their benefit, and solely for their benefit on that house.

When you say for the benefit of the house do you mean that as long as it stays with the house they can do what ever they want to do with it?

Jeff, it is hard to believe that you would be blackballed just because you would not reinspect. I know where you are and I know some of the people who do work there. I probably would not blame you for not reinspecting.

Originally Posted by Mitchell Meeks

When you say for the benefit of the house do you mean that as long as it stays with the house they can do what ever they want to do with it?

Jeff, it is hard to believe that you would be blackballed just because you would not reinspect. I know where you are and I know some of the people who do work there. I probably would not blame you for not reinspecting.

A couple years ago I was asked to reinspect a property and also the termite folks had to come back for a clean report. I told the agent the cost which was only a portion of the original fee. Before that home I was referred a decent amount of inspections from that office. I was told by the realtor that being charged for a reinspect was the most rediculous thing she ever heard. She said I had already been paid and it was not only my job but my duty to follow up the inspection and demanded I reinspect for her clients.

Well I was pretty nice trying to explain that I get paid for my time blah blah blah. When she hit me with the rediculous and my job and my duty and her clients I lost it. This woman actually thought I worked for her and she could actually talk to me like that. You would have not believed he tone. I won't get into the verbal end of my responce but it was not pretty. I knew she put the phone on speaker in the office so I just cut loose. Needless to say I never received a referral from that office again.

Originally Posted by Mitchell Meeks

When you say for the benefit of the house do you mean that as long as it stays with the house they can do what ever they want to do with it?

The report is only for the use of that client and is only for their benefit on that house, meaning that no one else is allowed to use or rely on that report for any reason and that the report does not outlive the deal on that house.

Now, if the client buys that house, then they have that report to keep and use, for a repair guide, a things which need to be addressed list, things to keep an eye on, a list of things they took money for which they now need to do because they used the money to buy a new Bimmer , etc.

My reports included this footer on each page:

©This report is work product and is copyrighted by the company shown above (INSPECTION SERVICES ASSOCIATES, INC. ) as of the date of this report (date-went-here). Duplication by any means whatsoever, including sharing access to a protected copy, is prohibited without prior written permission and authorization from the company shown above. Duplication of, use of, or reliance on this report in any way for any purpose whatsoever has the effect of agreeing to the terms and conditions as set forth in the Authorization and Contract for Services, included herewith as numbered pages 3 and 4 of the original report, which are included for the users review, please do so. Unauthorized duplication of, use of, or reliance on this report has the effect of all parties agreeing to hold harmless, individually, jointly, and/or otherwise, this inspector, the Company, their successors and assigns AND IS A VIOLATION OF FEDERAL COPYRIGHT LAWS.

Mitchell,

The managing broker did the black balling. Some of the better agents told him they would not follow, but most did. I went from daily work for their clients to less than once a month. I didn't mind doing a re-inspect for the right fee, but I objected to the selling agent comandeering my report. The Real Estate Contract has a box for the buyer to check allowing the seller to see a report for purposes of negotiating repairs. They take that to mean the report is fair game for any future use.

JLMathis

PS: Mitchell, we have an inspector group that meets monthly and tonight is the meeiting. Parkers on Memorial at 6:30. Feel free . . .
Sorry to the group for digressing.

While doing an inspection this morning, I walked into a home to find another HI's report out on the countertop for me to look at says the realtor.

Seems the home was inspected last month so I shouldn't have to be there very long she says. The previous buyers loan fell through or they'd bought this home she mentions.

I must say that this was the most realtor friendly report I had even seen.

Under the foundation comments:

"The foundation shows some typical movement that one should expect in a home of this age. NO repairs justified at this time."

Check out the patio door frame.

Rick

Rick,

Why ... that's nothing that a carton of caulk tubes can't handle

==========

I had an agent (whose house I inspected about 5-years ago in Houston) send me an e-mail about two months ago saying she was selling the house now and couldn't find a copy of the report I did for her at that time. She wanted me to send her a copy so she could give to the buyer as "nothing had changed" in the 5-years that she has been living in the home.

Funny how my HDD had failed and I didn't have an archive that went back that far ...

I also advised her that doing such was not legal, ethical, etc., etc..

Funny how my HDD had failed and I didn't have an archive that went back that far ...

Nolan, that sounds alot like the "selective hearing" that my wife accuses me of
I will have to remember that one for the future.