I had a call this morning from a woman that had questions about a inspection I had performed. I didn’t recall her name so I asked what her relationship was in the transaction. She told me that I had done the inspection for the previous buyer and she had bought the report and had some questions about the house. I asked her how much she paid for the report. She gave the buyers agent $100. I told her that she is not my client and I have no duty to her (she didn’t like that). The house was a total POS (flipper that made it look pretty) so I had no desire to inspect it again.
So it looks like agents have found a new way to supplement their income during these hard times.
I called DBPR and had to leave a message so I don’t know what their position is in a situation like this. I think that the agent should lose their license.
I called the Broker and was directed to the sells manager. The sells manager didn’t seem to see what the problem was until I asked if her office wanted all of the liability for the inspection if the new buyer had problems. She asked me under what circumstances would I allow a report to be sold to another buyer. I told her there was no situation where I would sell the report to someone else.
I will keep the thread updated as this progresses.
Love it…I figure let them screw themselves over. Have the DBPR say that this is acceptable action and then we will all call and show how the Florida Home Inspectors are NOT to be treated.
Let’s ban together and make things happen. I say we all call on the same day if nothing is done, even if its only 1/3 of us, thats like 1250 inspectors. Watch and see what happens.
Lets make things happen. We are the big boys on the block getting bullied and its stupid! Lets sstart making a stand for the industry as a whole.
My bet it that they do absolutely nothing. I have never heard of a law stating that someone cannot sell information that was given to them. Kind of like me giving you a book and then you sell the book for 50 dollars. good for you / bad for me.
She did not perform the inspection so I see no LEGAL problem. She just sold info she had in her possession.
Technically the realtor didn’t own it to sell it. The report belonged to the buyer who paid for it. To me… the realtor stole the report for her own use and purpose and wrongfully gained 100 bucks. People Suck.
I just spoke with the listing agent (seller, broker) who set up the deal for the buyer to get $100 for the report. She gave the report to the new buyer. So in this case it wasn’t the buyers agent at fault. The lady that called really didn’t care about her liability. The new buyer is a cash investor and she was just trying to speed things along so they could close before the end of the month.
I know that we can’t control what happens with our reports, but the other professionals in the transaction should be required to keep the information confidential.
**This Report has been prepared for the sole use of the CLIENT named in the Inspection Agreement. **
This Report is protected by U.S. Copyright laws and information is not transferable to third parties by any person or entity, including Real Estate Brokers and Agents, Realtors or Attorneys, without written permission from CRITICAL EYE PROPERTY INSPECTIONS and the CLIENT named in the Inspection Agreement.
**CRITICAL EYE PROPERTY INSPECTIONS will not release any information to anyone who is not a party to the Inspection Agreement which has been contracted prior to the inspection. **
**Duplication by any means is prohibited without prior written permission and authorization from CRITICAL EYE PROPERTY INSPECTIONS and the CLIENT named in the Inspection Agreement. **
Transfer to any other potential buyer or another agent is prohibited. If the client named in the Inspection Agreement fails to purchase the property, any person(s) not included in the Inspection Agreement may be prohibited from using information included in this report for any reason.
This inspection report is valid for the date the inspection was performed, unless otherwise noted. The inspection report is for the Client listed above. It may not be used by other entities for any purpose without the written consent of both the Client and Magnum Inspections Inc.
Duplication of, use of, or reliance on this report in any way for any purpose whatsoever has the effect of agreeing to the terms and conditions as set forth in the Authorization and Contract for Services included herewith as numbered page 2 of the original report, which are included for the users review, please do so.
Unauthorized duplication of, use of, or reliance on this report has the effect of all parties agreeing to hold harmless, individually, jointly, and/or otherwise, this inspector, the Company, their successors and assigns AND IS A VIOLATION OF FEDERAL COPYRIGHT LAWS.
This is right at the top of our first page directly under the header. I get calls all the time when someone wants to use one of our reports because they read this. It makes a difference. Use something. It will not stop a dishonest person just like locks or gates won’t but it will sure as hell make the honest ones think twice. It is not saying you can’t use, but you damn sure better get our permission and it isn’t free for every T, D, and H.
This inspection report is the property of the legal parties of this contractual agreement between John Q. Public and Acorn Home Inspections. Any unauthorized use by any third parties subsequent to this contract constitutes fraud. Any authorized use by third parties must be obtained in writing from both parties prior to use*.****** Copyright-Acorn Home Inspections 2011***
