We have had 2 recent instances of realtors attempting to purchase completed home inspection reports from the seller’s agent and their client. The listing agents are asking for the reports from the buyer who did not purchase the home, to share with their clients and/or the current home owner. Who actually legally ‘owns’ the report? Can it be resold without the consent of all parties? Conditions may have changed since the report was completed and paid for. What liability exists? We have a disclaimer on all reports stating that it is the exclusive property of the client paying for the report and our inspection company. This is in Florida.
Mark… if you use the search feature, you will see that this has been discussed 'Ad Naseum’.
Your Client owns the Rights to using the report for their transaction, but you own the Copywrite to the report. It cannot be resold or given to another party for their use without your permission.
Look at it like computer software… You purchase a Key for the rights to use the software. The developer still retains all copywrite control over the software. You have no rights to resell your key without permission, and is you do, are liable for prosecution and fines.
I wouldn’t, but the realtor apparently liked your report, offer to inspect it again.
This report is for the John Doe contract use only.
All other use is strictly prohibited.
Copyright Edward Bancroft 2012
I have this at the top of every page of the report.
Instead, why not put something in every one of your reports explaining that a home is like a living organism and that not only is the report just a snapshot of the condition of the home on only the date of the inspection… but that every homeowner should have an annual inspection… and that you offer that service in the Fall and Winter.
Then if your report (which by the way is a sample of the product you produce as a professional and so is better than a brochure) gets passed around… all that happens is that you get free advertising for an additional-revenue service.
Thanks all for the comments. We have offered to reinspect and have ownership and use at the beginning on the report.
Good idea having it on additional pages as well.
I get a lot of work from my reports being sold by the buyer. The more eyes see my work the better.