Can someone answer this Canadian REALTOR's question please?

Originally Posted By: gromicko
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Nick Gromicko



I much prefer email to private messages.

Originally Posted By: wdecker
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While I am not familiar with Canadian rules and regulations, I can answer your question from my own experience and an ethical point of view.

Suppose I was a business consultant and I had a client who was looking at a local franchise. Say, a McDonalds. I research the property, the past income, the client flow and the franchise's cash flow history. I prepare a report for my client and give it to him (or her). They decide, based in part on my report, but also on other factors unknown to me, not to purchase the franchise.

The following week, another person comes to me and tells me that they are interested in the same franchise. They know that I had done a confidential and private evaluation the previous week (and how, exactly, did they know that?) and would like to purchase a copy of my report, at a reduced rate, of course.

For me to resell the report to this person would land me in jail. I was working, specifically and in a fiduciary function, for my previous client. The work product (my report) belongs to him and to me (the state requires me to hold onto the report for a period of 5 years). If I were to sell this work product, paid for by my previous client, or even refer to it to prepare a new report for the new client, using data acquired for the previous one, I would be doing something illegal, unethical and immoral, as well as betraying the trust placed in me by BOTH clients. I would be doing a less than professional job for the new client, because the financial state of the franchise may have changed in the intervening week (and if you don't believe this can happen, you have never owned a business).

In short, I would never take on a client who would require me to betray a previous client, or myself. The 'permission' of the previous client has nothing to do with my actions. The previous client cannot determine my ethical standards.

Put in your terms. You get a listing on a property. You research the property, do the comps, define a marketing strategy and get it all set up. The seller, for whatever reason, decides to not sell. The following week, another Realtor in another office, calls and tells you that your old client has listed the property with them. He asks you to forward all your previous research to him (or her) so that they don't have to re-create all your work.

What would you do?

Will Decker
Decker Home Services
Skokie, IL 60076

Originally Posted By: clawrenson
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Thanks William - your post is right on target!

Another way of looking at it, things can and do change, its a whole new inspection after the inspector leaves the property. That first inspection was and still rightfully belongs to the first client; it would be a breach of ethics to sell it or distribute it without the clients expressed permission.

Claude from Canada, South of the U.S. border - Windsor Ontario

Ontario Home Inspections Inc.

Originally Posted By: mboyett
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Not that it makes any difference but Morgan appears to be the inspector in this scenario not the Realtor. Look at his signature line.

Mike Boyett

Capital City Inspections

Austin, Tx

Originally Posted By: phinsperger
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wdecker wrote:

Black's Law Dictionary describes a fiduciary relationship as "one founded on trust or confidence reposed by one person in the integrity and fidelity of another."


Paul Hinsperger
Hinsperger Inspection Services
Chairman - NACHI Awards Committee
Place your Award Nominations
here !

Originally Posted By: rcooke
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gromicko wrote:
Hi Nick

Can you tell me... What should an inspector do when someone calls and asks for a deal on a home inspection because they know you just did an inspection on that house last week?

Could (should) an inspection be resold with permission from the first

Morgan Jamieson
Prudential Home Inspections
395-1434 Island Hwy
Campbell River, BC
V9W 8C9
(250) 286-4840

No the report belongs to the person who paid me for it .
I did an inspection 5 weeks ago . Financing did not go through .
I did an inspection on the same home two weeks later and got full fees again .
Every body knew I had done the inspection before and no one even tried to get a deal.
If I was a painter and did a room for XY$ .
They then Ask me to do the room a different colour would they expect a deal .
Same thing same work same pay.

If an agent sells me a home they get their full commission .
If I get transferred and I have to sell the home I would not expect the agent to reduce their commission.

Roy Cooke Sr.