What’s up everyone. I recently performed a four point inspection and took lots of photos to submit to the insurance company. The client then asked me to delete the photos I took for the report. Do I need to delete them or can I keep them for marketing purposes or perhaps protection against litigation? I mean since they allowed me in their home to take the photos anyways, don’t they belong to me now? I can delete the picture that has the address but the rest?
NEVER!!!
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Why did you take LOTS of pictures? Did the customer ask you to do the 4 Point? do you have a contract with this customer? Did you submit all the pictures to the insurance company? Sounds like the customer doesn’t trust you. The pictures still belong to the customer and their insurance company (4 point pictures).
You can not use them for anything other than the inspection without permission
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Take a moment and put yourself in the customers shoes. Stranger comes in the home and takes a zillion pictures of things not related to the 4-point. Furthermore, some people are suspicious by nature and we have to be sensitive to how others perceive things. I am not sure how you responded to the customer, but I would have said “These photo’s are completely confidential. I save a few for my records for your benefit in case there are questions in the future. Here is my card, if you ever need anything I am here to help.”
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You’ve got a copy of the 4 point, that already has the relevant pix, delete the rest or unused ones.
I keep the ones that are in the report, in case I need to re-create the form or whatever down the road.
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The 4 point only requires pics of the plumbing drains, shut off valves, electrical panel, roof, hvac…
Not sure what kind of stuff she would be worried about unless you were taking pics of everything else in the home…(which would concern me too)
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Is she paranoia or did you creep her out a bit?
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Like what, specifically?
She might as well have asked you to delete the images of her house stored in your mind. I would refer to the insurance carrier’s policy on photos and go from there.
Since I only pretend to know legal stuff here, my one cent’s worth of advice is to keep the photos that are directly connected to the 4-point inspection items and delete the rest. Advise the client that the only photos you save are of the 4-point inspection items in case there are some post inspection questions from them or their insurance. You almost certainly do not have permission to use any of the photos for marketing.
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Thanks for all the responses, everyone. All the photos taken where for the report. I have kept none of them personally and would not. Takes up too much space. I will check with my insurance carrier for advice. I only took the required photos for the 4point. The client then asked me to return to perform a Wind Mit. I took no extra photos. But I will advise the client of the confidentiality and assure her of what you all have advised me upon.
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Never delete your photos. Its your defense incase a meritless claim comes your way.
I keep a 8 terabyte HHD just to copy and backup my photos taken during inspection.
Years ago I had the same request from more than one client. Rumor floating around my neck of the woods, insurances companies requesting added/any/auxiliary photos.
I took the time to ask why and to try to dissuade such requests in the future.
I have every PIA, every report, and every picture taken during a home inspection since day 1, and I just passed my 20 year mark.
My E&O always required reports be kept for 5 years.
The state requires all reports be kept for 5 years.
YMMV
In Ohio I can use any picture I snap as long as there are no identifiers in the picture such as street address.
I, as has many others, have shared many pictures that were taken during a home inspection on this MB.