Agents passing out my reports

I like that Steve. Perhaps I’ll borrow a couple of lines to update mine, with your permission, of course.

I’m working on something like this to stick on my reports.

This report is the exclusive property of Monroe Home Inspection. Use of this report by any unauthorized persons is prohibited. Copyright © 2011 Monroe Home Inspection All Rights Reserved. "Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or exhibition of copyrighted materials. Criminal copyright infringement is investigated by the FBI.

No problem.

Thank you.:slight_smile:

Make that two of us

This is what I’m working on.

This report is the exclusive property of the Home Inspection Company. Use of this report by any unauthorized persons is prohibited. Copyright © 2011 Home Inspection Company All Rights Reserved. "Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or exhibition of copyrighted materials. Criminal copyright infringement is investigated by the FBI

I liked what you had before you edited it.

I may have a lawyer write something up so I know its right.

Legal counsel for Kansas City Board of Realtors tells them if a deal flips because of an inspection, its now their duty to disclose known information AND they need to give report to other potential buyers for disclosure.

Many agents don’t but some are attaching the report to the listing if the 1st deal flipped.

In KC, the contract makes it mandatory for buyer to give seller and agents copies of all inspections if they want to renegotiate price, terms, repairs or walk away due to an inspection. Therefore they consider it public info.

Sorry Joe its early and I made a wrong quote.

Mr Bowers
I smell lobbing at play here by the real-estate brokerage board and possibly by mortgage boards looking to attach a blame here if I am not mistaken during escrow.
It looks to me that they would like to attach blame to the home inspector if evidence is found to the contrary.
Am I soft on my legal interpretation.
Please explain a bit more about this law in Kansas City’
Thank you …Robert.
PS: if that is the case them why can’t the HI association collectively be drawn together to lobby the passing of a law to “hold-harmless” a HI for making any mistakes during there interpretation of the residential building during a home inspection as per-say code inspectors?
I know I am stretching at legal straws. BUT
The argument can be made if the minimum standard is set forth by law.
The license and regulation for HI.

When I was at a home inspector conference two weekends ago, the question came up about doing pre-listing inspections for a Seller’s agent. The agent is the one paying this inspector for the inspections so you can bet that the report is probably being distributed at open houses and such. It appears that the inspector likes it because it gets his name out there.

While that might be true, it definitely creates some liability for the inspector if people are going to be relying on his report. Not to mention that a good amount of time could elapse from the time the inspection was done to when someone reads/relies on the report. Conditions could very well change.

Ben…tell us more about this liability.

Would your insurance company pay on a claim made by a home buyer for an error or omission in an inspection report prepared by an inspector who was not contracted by the home buyeer to perform the home inspection?

I see a flaw in that statement.
While that might be true, it definitely creates some liability for the inspector if people are going to be relying on his report. Not to mention that a good amount of time could elapse from the time the inspection was done to when someone reads/relies on the report. Conditions could very well change.
**some liability. You have the same liability as when you performed that inspection till your guarantee is over.
to mention that a good amount of time could elapse . That good amount of time that passes is a good thing and lessens your chances of litigation because anything could happen between now and THEN, that time that passes. AS time passes thing could break and home owners play with systems in order to sell or fix that issue.
As long as you have done a good job and covered your bases you are not more but less liable ( in my eyes ).
Your(
time stamp and photos **) will be used in a court of law if some one goes after you months or years after your guarantee is over.
Just my view Mr. Garsson.

What Dan said. Common practice here. Must be different in other cities/states. I would not be upset, knowing that other agents may suggest my services. Might be another reason why I am not getting business because now some agents know how tough I am, and are not using me. They want a Kansas licensed inspector, because they know that these low-cost inspectors will write soft, basic reports. It will probably take another year or two for lawsuits to start up because of basic Kansas reporting.

Got a call today. Price shopper. 5 bedroom, 4 bath, 3,700 Sq. Ft. whole house with termite and radon. I quoted him $475, which included a discount, and gave him a sales speech. He said I was too high, and he already had a quote of $375. I told him good luck. He has yet to call back.

Gary -

I’m glad you’re heading these types off so I don’t get insulted by them.

My 3-Pack for that size house is $625, HOWEVER if they sign up on the web I’d give them a $30 discount dropping it down to $595 / So if he gets a lowballer willing to drop their panties to $375 - I guess I’d be way out of his price range ($220 too high).

In the Real Estate Contract here Sellers get a Copy of the Report.

The HI Lore, copy right law stuff is a little funny to me.

I buy a book, and later I decide to sell it, using the convoluted HI Logic I can not.

Client buys my Report, he can do what he wants with it.

Very True Brian , Nothing will stop them to doing this, But you do not have to answer when they call with questions.I find most of the time they ask questions i explain i can not discus it with them . I do suggest they get a home inspection and depending on the time that has passed i will offer todo it for a discount . Explaining things could have changed sense the last inspection .

Since my inspection agreement and report specifically states the report is for the use of the client, any sharing of the report is a violation of copyright laws, just like an end user agreement when software is purchased. If you sign the agreement, use the report to make a decision whether to purchase the home based off the concerns contained in the report, your using the product I produced, which includes the format, layout and design. If an agent shares this information, under copyright laws of the united states, it is considered theft. A published book intended for public distribution pays royalty fee’s to the author for every copy sold, so where is the logic that Brian is trying to convey?.

Comparing a book to a custom report? No quite the same. So I guess when you go to the doctor next time you won’t have a problem with him just handing you a medical book instead of your test results and his opinion?

I think your analogy would be more accurate if you went to your doctor and he simply provided you with the test results and exam report from a prior physical performed by another doctor.

Thinking you are well when, indeed, you have contracted an illness between visits…you fail to get the required treatment and become gravely and terminally ill.

The most recent doctor shrugs it off and points to the old records and says “Take it up with this guy. He’s the one who said you were fine.”

Is the first doctor totally off the hook…or does he have to pay a lot of money to an attorney and go through a legal process to prove that you did not have the condition at the time he wrote your original report? Being put in a position where he would have to prove his innocense…could he? Or would his malpractice insurance carrier try to settle for a lower amount…like his $2,000 deductable?