I have an inspection scheduled for tomarrow and the buyer (My client) is out of the country, the real estate agent called me and set the inspection up. the agent is the one that has signed the agreement but the buyer is paying for the inspection. The agent wants a copy of the inpsection and so does the buyer. WHAT SHOULD I DO? the agent asked the buyer to give them permission to recieve the report and the buyer didn’t full understand, I saw an e-mail from the buyer that stated he gave them permission to have the property inspected so I am kind of lost on what I should do.
Who ever signs the agreement gets to decide
Load it up on FetchReport.com and give your client the password. If the buyer chooses to give out the password, so be it.
Now that’s promotion
I will be putting it on fetchreport.com but I have one asking for the inspection and signing the agreement(agent) and the other one paying(Client).
Perfectly fine to give it to your client’s agent. Agent/Principal relationships (which go back 1,000 years) make giving something to one’s agent the same as giving it direct. No legal difference.
If the agent is representing the Buyer, and the Buyer gives you permission to give the report to his/her agent, I don’t see a problem. I do this periodically.
Give it to the agent, as she/he represents the buyer. Change your Agreement to say this: "My signature above authorizes the release of the inspection report to my real estate agent, unless specified otherwise in writing."
Nick brings up a point I have not heard.
Are we protected if the agent say’s give me a copy and find out later the client did not intend that.?
That is a good question? and that is pretty much what I am up against.
if the president of the association says it is OK.
The fact the Agent is handling it and signing has you covered.
A person authorized to act for and under the direction of another person when dealing with third parties. The person who appoints an agent is called the principal. An agent can enter into binding agreements on the principal’s behalf and may even create liability for the principal if the agent causes harm while carrying out his or her duties. See also attorney-in-fact.
As long as you have written confirmation from your client, their agent is their representive. Send report to both parties.
I do have an e-mail that says
“Per your fax & email of 6 November, you are authorized to perform an inspection of the property on Presidents Walk in Truman Annex”
So is that permission or what?
Not in Illinois. Fiduciary responsibility. Besides, the state law says that the client (He who signs the agreement) must give WRITTEN consent before the HI sends the report to anyone else.
Just an Illinois oddity, maybe. :mrgreen:
Will, show me that law if you have it handy please.
Also true in Texas
TREC Rules Section §535.220 adopted 08-07-2006 Inspector shall not disclose inspection results or client information without prior written approval from the client, except for observed immediate safety hazards to occupants exposed to such hazards when feasible.
Giving the report to your client’s representative (be it his/her attorney or his/her real estate agent) does not violate any law which prohibits the inspector from giving the report to anyone but the client. A client’s representative IS the client.
It would be as if someone said, “Nope, I’m not discussing this legal matter with your attorney… I’m only discussing it directly with you.” That would be silly.
The law are an *** - Justice Learned Hand.
The law is made by A**es. Go figure.
I ask the cleint, dufing the inspection, if I may speak freely in front of the Realtor.
Nick. Illinois code 1410.200 d) 4), as amended.