Today I had a Potential Buyer call me to request a copy of an inspection I did on a property in September.
Apparently the deal fell through for whatever reason.
My question is this, what are the Legal, Insurance/Liability and Professional Standards issues involved in selling this Inspection again? Is this allowed, or even advised, even with some type of Waiver?
I have had this request in the past and I always did a completely new inspection on said property so there was really no conflict.
Thanks for any guidance as my goal is to remain professional in all aspects of our Profession
Matt
First and foremost is to maintain your client’s confidentiality. which means not releasing their inspection report findings to anyone without them directing you to do so.
Advise the second purchaser to have their own professional inspection performed by a qualified inspector of their choice, during their option period to ensure that they are basing their purchase decisions on the most accurate and up-to-date information possible.
For situations like this and if within a few months, I’ll tell them I can contact the past client to see if they want to sell them the report to the prospective buyer. After all, they did pay for it and I feel they should be able to get compensated if they choose. Of course, I let the new buyer’s know that since their name isn’t on the contract, it’s not going to have any “merit” so-to-speak, if push-comes-to-shove. I know some clients have gotten full price for the report and they were super happy with me. I also had the new clients just just schedule a new inspection.
Follow your previous instincts and do another inspection. If you didn’t, you’d be in violation of the contract you made with your client by releasing the old report without permission.
my contract also says I own the report but I would not resell it. As others have said, a another inspection is needed. I recently re-inspected a house after 3 months and 2 windows were now cracked along with a swap out of the newer stove with an old one.
Thank You ALL for your your insight and wisdom, it all validates my thoughts/ instinct. I know technically there are 2 Owners of the Inspection, the HI and the original Buyer, but I too believe there is a certain Inspector/Client Privilege involve
appreciate you all responding.
Matt
I always do a new inspection. I do disclose to the new client that I have inspected the house before, but make sure they understand that things change and the old report is no longer valid. I use the old report to check and see if repairs have been made, and their quality.
I feel because you should give full disclosure going into the transaction in case the new client feels you won’t do another ‘full’ inspection. You give full disclosure of all findings on the first report… why wouldn’t you give ‘full’ disclosure to the new clients on the new report.
As do mine.
3. The inspection and report are for the use of (CLIENT only.) The CLIENT gives INSPECTOR permission to discuss observations with real estate agents, owners, repair-persons, and other interested parties. The INSPECTOR shall be the (sole owner) of the report and all rights to it. The document a “COPYWRITEN DOCUMENT” of the inspector Robert Young or his employs.
I want to make full disclosure and be as transparent as possible. I don’t want them coming back after the inspection and have questions when they find out I inspected it before.
