This is from the InterNACHI Pre Inspection Agreement
The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties.
This is part of the PIA agreement I ask my clients to read and sign prior to the inspection. If the information I want covered is in this agreement, why should I then say I want you to review another piece of paper and sign that as well.
I’m just trying to figure out why this second piece of paper seems to be the one that everyone will read and understand, but the information in my PIA will not be.
I like your reasoning for that other personal information Stephen and we try and get as much of that when we schedule the inspection.
Troy, I like the second piece of paper because it concerns something that is not specific to every inspection nor to the terms of the actual inspection itself. If there are no agents or attorneys involved, I don’t need the language in there. All language in my contract is for every inspection I perform, regardless of whether agents, attorneys, representatives or anybody else is involved. Just a little cleaner for my taste.
I mention verbally that I’ll be sending the report to both the client and their agent, but I’ve never had anything specific in my PIA. I guess that makes it an “opt-out”!
I’ve just never felt comfortable slipping in a hidden clause and delivering the report full of private client information to a third party. :evil:
Simple & Straight Up-Front. Been doing it for 12 yrs.
**For the sake of convenience, **I / We authorize and request that the **Inspection Company **discuss the **Inspection Report** with those parties directly involved in the transaction. We would like **One Free Copy** of the **Inspection Report** to be provided to: ] Selling Agent ] Listing Agent ] Seller ] Attorney ] Other_________________
] I / We Authorize & Approve The Above Statement.
] I / We Decline The Above Statement And **DO NOT** Want Anything Regarding This Inspection, Report or Real Estate Transaction Discussed OR Provided to Other Parties.
Your statement Dan is the way to go and I plan on putting together a separate form in the ISN for those times when the sellers, sellers Realtor or sellers contractor calls me for information about my findings.
Having the client “OPT IN” is not only the smart way but IMO the only way to go when releasing anything that belongs to the client to a third party, and the way you have done this leaves no question as to what the client wants.
I get on average 2 clients a year that don’t even want their own Realtor to receive the report, let alone the Sellers or the Sellers Agent.
I have one every year or so that says “if I decide that I want the agent to have a copy I’ll forward one myself” . I have always had a clause in my PIA.
Here’s what’s in my inspection agreement. I also confirm verbally at inspection with “I can also cc a copy of the report to your realtor if you wish.”
The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim. By initialing here (______), Client authorizes Inspector to distribute copies of the Report to the real estate agents or attorneys directly involved in this transaction, who are not intended beneficiaries of the Report. Claims made by third parties shall be barred by W.C.A Section 440.977 (2).