Sharing entire report with listing agent

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
1

Rarely does this come up as most of my agents just pull pictures from my report and include with their addendum. Today, the agent wants to send the whole report. He was nice enough to request permission, but I’m not comfortable with that for many reasons.

What would be your response to that request?

2

InterNACHI Code of Ethics reads in part:

  1. The InterNACHI member shall not release any information about the inspection or the client to a third party unless doing so is necessary to protect the safety of others, to comply with a law or statute, or both of the following conditions are met:
  2. the client has been made explicitly aware of what information will be released, to whom, and for what purpose, and;
  3. the client has provided explicit, prior written consent for the release of his/her information.
3

Have your client decide. It’s not your decision to make for your client. It matters not that you aren’t comfortable with it.

Happens all the time. In Pennsylvania, the seller is entitled to a copy by law if the buyer is using it to ask for a credit or repair.

4

i run my biz & set policy, not others

advice from numerous atty/clients

NEVER share confidential report, client or property info

ALWAYS reply to any phone requests with “please make this request by email so i have your address”

i then bcc client & their agent in my reply with “please understand my client has paid for a confidential inspection and report any copies of their report in part or whole will have to come from them. i would treat your confidential information and inspection no different.”

it never ceases to amaze me how some are more than willing to satisfy others regardless of their client’s best interest

5

Sometimes my client would ask me if they should give a copy to the listing agent. I’d reply: “If the inspection report reveals a lot of defects… you might want to provide the listing agent with a copy. But that’s up to you to decide.” I’d finish my comment with a wink (so that my client understood that I just suggested a negotiating strategy) :p.

If my client asked me to create another copy and send it to the listing agent… I would at my client’s request, but I’d get them to check off permission in www.nachi.org/survey.htm Read #5 and download the form.

6

unnecessary, adults/clients can make their own decisions as who gets their report

no need for me to be involved or be their delivery man

they have a copy & can forward to whoever…

7

If the seller requests, I tell them I need my client permission to send it, my client gives permission quite often…

That said, sometimes my client tells me not to send it to their own agent too…

8

It’s none of my concern really.It happens.It could suck for the seller/agent though if the deal falls through,they are supposed to disclose all that info.An agent just told me she sends it along with the repair/credit request form and it’s their choice to open it.

9

At least one real estate office that I work with writes in their contracts that they will get a copy of the report even if they are the list/selling agent. But they share it between real estate offices and not through me. All of the confidential language is there. That is their deal. I send to client and whomever the client decides. Then, I am on to the next one.