Wondering how most are getting, in writing, permission to share an inspection report with the buyers agent? Is it as simple as setting up an agreement template in your report software (I use Spectora), or is there some other way that makes more sense?
TIA
I was less formal. At the end of the inspection I would ask the client if they wanted me to copy the report email to their agent. 99% said yes, if they said no I reminded them that to create the TRR they would need to send the report to their agent.
I always ask the buyer if they are okay with it and in 16 years only one has said no.
Thanks. That makes sense, but I worry that in my agreement it specifically says “in writing”. I just don’t want to leave myself vulnerable.
Just verify with them via email or text. That is considered “in writing”.
Put it “in writing” in your agreement, that you can copy the report to their agent. If your client doesn’t want to share it with their agent, then make a written amendment. I finally did it that way after forgetting to ask numerous clients and having to follow up with an email or text. I still confirm verbally during the inspection, when I remember.
I simply add the BA name and email address, or anyone else the client wants the report sent to, to the PIA stating that by signing this agreement they are authorizing me to send it to the names listed above.
Not sure about other states, but in Ohio the law states we must have authorization in writing signed by the client of who we’re going to send the report to.
Just change your agreement to say writing and/or verbal
What PIA are you using? May I assume the Buyers agent is your clients agent? I use InterNACHI’s and went to check my verbiage (because I thought it still required “in writing” to my client’s REA) and the most up to date agreement addresses this nicely, IMO.
- No Liability for Third-Party Reliance on Inspection Report: The inspection and home inspection report are for the use of CLIENT only. INSPECTOR may also provide a copy of the home inspection report to the CLIENT’S real estate agent or attorney. INSPECTOR has permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties only with written consent of CLIENT. CLIENT shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation of the content of the report by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR from any liability whatsoever.
So, taking from the Nate Thornberry/RWS “Opt-Out” Playbook, eh?
I guess you could say that, but that’s what the law states and I’ve only had maybe 5 clients in 20 years tell me they didn’t want their REA to recieve a copy of the report, in that case, I’d remove their name and send it only to my client, but I’ve also had situations where clients ask me to send it to someone else in addition to their REA, in those cases I just add their name and email address to comply with state law.
1301$17-1-16-Rule-N.xml (ohio.gov)
(C) Article 3 - Confidentiality.
(1) Licensees shall not disclose inspection findings or client information without prior
written client approval.
And that’s why I even commented.
Did your attorney confirm that your method complies with the Ohio law?
Or did Ohio themselves confirm?
My gut reaction is that unless you have proof that the Client had knowledge of the clause prior to signing the PIA, that clause it worthless.
JMHO.
Yeah, Yeah, I know… they shoulda read it!!!
So your Honor, are you saying it’s my fault the client didn’t read the PIA?
Yes. I tell my clients that when they receive the report, they can share it with anyone they want. Reduces my liability by 100%
Considering that such a clause is not a typical clause found within a standard Contract, Yes, IMO. You should have informed them of the inclusion, so they may seek it out if concerned, then read and signed… OR crossed-it-out prior to signing as you gave no other option “in-writing” to Reject the ‘option’!
I don’t send out the report prior to notifying the client that it has been completed and ready to send to them. I do this via email or text and ask at that time if they would like for me to send the report to their agent also. If they say “yes” in their response, I have it writing. If they don’t answer or are late in their reply, I will send it just to them.
I have a place for the client to initial on my inspection agreement that gives me permission to share the report with their realtor. Otherwise I do not.
I use spectora as well, and I just have a line in my scheduling email that says “when the report is finished, I typically send the report to you, as well as your agent (but not the listing agent). If you would prefer your agent not receive the report at this time, please let me know prior to the inspection”.
That’s all I do. If they happen to get mad about it, then its on them for not reading the confirmation email.
I have one or two a year that request not to.
David, I have the same agreement from Internachi/Elite MGA. The next sentence after your sentence in bold type, it says permission must be given with written consent, only.
The verbiage is a little confusing. “may also provide…” & …“has permission to discuss…”
I don’t want to overthink this, but it might be worth some clarification from the insurance. Thanks for the feedback.
I agree with this, but usually the REA is waiting for some feedback the minute an inspection is done. Lol. In a perfect world I’d like to provide that, with client consent of course.