Just FYI… This is part of our code of ethics
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Thanks for the link Neil. I can see now this conversion has been like kicking an ant hill…
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UPDATE…
We have opted not to sell the original inspection to the seller. The seller has hired us to inspect the property for them. We will inspect the property again, from scratch and submit our report to the seller and their agent.
I also have a copy of the “release from the real estate contract” between the buyer and seller clearing the decks for us to proceed.
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EVERY seller here requests a copy of the report from the buyer, in fact they feel they have a right to the information especially if the buyer plans to walk. So in this particular case, the buyer walked without sharing a stated reason (how they got out of the contract I’ll never know), but that’s what freaked out the seller and started this conversation.
As I states in the update at the bottom, the buyer was released from the real estate contract and the seller has hired us to inspect the property for them.
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Here in GA, there is no “right for the seller cure” in the contract, therefore the buyer can walk for any reason within their due diligence period. Of course, contracts can be amended either direction.
Thanks for the update and it looks like you covered all the bases professionally.
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If the seller gets the report…
however that happens.
It becomes something they know about the property, and they have to disclose it to the next buyer.
It’s disclosable. They may not want it.
(Note: In my area sellers get and disclose their own report prior to marketing. This is unrelated. A seller must disclose what they know regardless.).
Here in Pennsylvania, the seller is entitled to a copy of the report free of charge. However, it must be the client that forwards the report or give permission to share the report. I can’t and won’t ever give a report to a seller without the Clients permission. Here is the section that states this for PA.
(b) Confidentiality.– Except as otherwise required by law, a home inspector shall not deliver a home inspection report to any person other than the client of the home inspector without the client’s consent. The seller shall have the right, upon request, to receive without charge a copy of a home inspection report from the person for whom it was prepared.
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Thanks Michael. Interesting.
We never share buyer’s inspection information with the seller unless/until the buyer has shared the inspection report with the seller - then and only then - will we speak with the seller about details in the report - and usually the conversation is us correcting them when the tell us we are wrong about our reporting of their house - LOL.
Here’s a basic formula:
Rule # 1 Don’t do it!
Rule # 2 If you can’t bring yourself to follow rule # 1 Then refer to Jeff’s quote which is DON’T DO IT!
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Also, if a buyers agent requests repairs, the whole report must be shared with the sellers and their agent. I heard that from several Realtors. So, I guess if buyer backs out the seller will have to disclose everything. LOL But in the end I only give the report to my client and their Realtor if given permission to do so.
On a side note I once had to endure an angry boyfriend of a seller who claimed to be a contractor and thought most of what I wrote up was ludicrous. He just wanted to belittle me and our profession. LOL By the end of the conversation he was apologizing. He knew I was right and was upset that his girlfriend agreed to fix about 2K in repairs. It was a fun time for sure. I didn’t discuss any findings with him except to say have a professional evaluate and sign off on it. LOL
I love to point to the Certified Master Inspector patch on the shoulder of my uniform, smile, say Good Luck with That, walk away.