Listing agent "has the right"

#1

My most recent inspection: client backed out after my inspection, partly because of the report and because of resale financing issues they will run into that I said they should double check with their agent. They did, my hunch was right, they backed out, contract terminated.

The house ended up being a big pile anyways. THAT being said I got a call from the listing agent cause she had some “questions” about the report. I said

Me: sure I’ll be more than happy to talk to you about those things as long as you have written permission from my client to do so."

Listing Agent: the contract is terminated. The buying agent is required to send the report to me and I now have the right to ask you about the report.

Me: I know my regulations about my contract with my client but let me look that over again and I’ll call you back.

Listing agent: ok bye - sounded frustrated.

My agreements say that the reports are no longer valid when the contract is terminated or the purchase has been completed. I also have legally have to talk to this LA about the report but if I do I still want written permission.

The right or wrong thing to do?

#2

Jacob, not sure about RE laws in Alaska, but I’ve never heard of the “required” sending of reports. You do own the report and can discuss it with anyone based on your HI agreement and any limitations it may have.

If the agent is being snippy thinking the report was the reason, you can choose to provide the info or not. You don’t have to, but on the other side, you could gain a new client if you’re willing to share, explain why things are in there, what should be looked at and/ or corrected, and it’s going to pop up again if the sellers don’t take care of it.

JMO

1 Like
#3

This is what I was attempting until the LA was getting snippy and saying “required” and “the right.”

#4

If she already has a copy of the report I don’t see the harm in answering her questions. She may just need clarification

1 Like
#5

So… … does the LA have it or not?
Does your agreement state:

Our inspection and report are for your use only. You give us permission to discuss observations with real estate agents, owners, repair persons, or other interested parties.
You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including
employees and business entities) from any liability whatsoever.
If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us for any liability agree to pay our costs and legal fees in defending any action naming us.
Our inspection report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

1 Like
#6

She has it yeah.

#7

Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

NOTICE TO THIRD PARTIES This report is the joint property of the Inspection company that created it and the Client for whom it was prepared. Unauthorized transfer of this report to any third parties or subsequent buyers is not permitted and may place those in violation, or those who improperly depend on the information contained herein in jeopardy. This report and supporting inspection were performed according to a written agreement that limits its scope and the manner in which it may be used. Unauthorized recipients are advised to not rely on the contents of this report but instead to retain the services of the qualified home inspector of their choice to provide them with an updated report.

#8

Touch base with your clients and let them know what’s going on. If they say it’s ok, get it in an email and call the LA back… in the mean time, send that clause to the LA and say your waiting for a reply from your client.

#9

I wouldn’t waste my time sending any contractual info to this LA.
She’s not my family & gotta feeling she does not like me already.

Jake - you replied 2 different scenes.
Were you quoting me or are they both part of your agreement?

#10

Sorry about that.
Yes the LA has the report.
My second reply: the first paragraph is directly from my agreement. The second paragraph is noted at the beginning of every report written.

I was not quoting you.

#11

I want to state to everyone here:

I am not battling nor do I want to battle this agent.
I want to be as helpful as I can to all parties in a legal and ethical manor while still respecting my own contractual agreement.
I’m just curious what others would do.

2 Likes
#12

As soon as someone starts talking about their “rights” I refer them to a lawyer. I don’t play that game.

6 Likes
#13

I’d start by finding out what the questions were, or what clarification they need.
Simply ask her to send you a list via email and you’ll get back to her once you’re able.
If it turns out that the questions are over the top or similarly inappropriate, then politely decline.

4 Likes
#14

Business wise, I try to be respectful to all that inquire and try to help to any extent I can. Others here may disagree, but all it takes is one pissed off person slamming you on social media to the extent you’re either defending yourself or answering a lot of questions. Not saying this happens all the time, but…

Jacob, go with what feels the best for you and what you feel is best for the situation. Don’t always rely on the opinions of others.

1 Like
#15

Your agreement states the client is the sole owner of the report.

The statement @ the beginning of the report states, report is the joint property of the Inspection company that created it and the Client for whom it was prepared.

#16

Oooo good catch. That’s a bit confusing.

#17

I called an agent friend (who has been in the game for 30 years) and asked what would be a good course of action. I told them what I wanted to do. My email is what I wanted to do and they said that’s perfect. They said “unless I (the inspector) was written into the purchase contract I have no obligation to talk to this LA even afterwards).” All that being said, I’m reaching our to my client to see if they are allowing me to discuss the findings, company policy, cause I still would like to help this agent if I can.

20201027_145918
20201027_1459181080×1920 433 KB

1 Like
#18

regardless of everyone’s relationship, i’m communicating with beyond my client
any & all report questions must be emailed to me & i might reply as my time allows
my pia states & client’s know this ahead of time
when there is no confusing legalese there is no ambiguity

1 Like
#19

Perhaps you need to get more sleep instead of being up with your new baby!

#20

You are correct, the report is your clients property not the agents.

1 Like