[FONT=Arial][size=2]Read the below in the March Texas REALTOR Focus and thinking of adding the following to my report as I don’t believe they have to right to distribute my actual inspection report. They can summarize all they want, in their own words, but don’t think they have the right to use my copyrighted report. [/FONT][/size]
What do you guys think?
Notice to anyone other that the person listed as the client in this report. This document is copyrighted and cannot be copied or attached to any email, document or notice, including the Texas disclosure notice (TAR 1406) without prior approval and confirmation of receipt of $500 use fee, by this inspector.
Prior inspection reports
*Is the seller or the seller’s broker prohibited from providing a copy of an inspection report to a subsequent purchaser? An inspector that we sometimes use says that neither the seller nor the seller’s broker can provide a copy of an inspection report to a buyer who has not paid for the inspection report. *
An inspector is obliged to answer only to the inspector’s client and is under no obligation to speak with any other person about the content of the inspector’s report. But the inspector’s opinion as to the condition of the property as of the date specified in a report does not change based upon who reads the report. The inspector’s report should stand on its own. Most inspectors know that a client will use the inspection report to negotiate repairs in a transaction and that the client may need to provide a copy of the report to the other party. This is the nature of the industry that gives rise to the demand for the inspector’s business. Most inspectors do not require that their clients sign confidentiality agreements prohibiting the client from sharing the report with others. Even if an inspector has a client sign a confidentiality agreement that limits the client’s right to copy and distribute the report, that agreement is binding only upon the client and not upon any other person who may receive a copy of the report. Therefore, a seller is only prohibited from sharing a copy of an inspection report with a buyer if the seller is the client of the inspector (i.e., the seller ordered the inspection) and the seller signed an agreement prohibiting the seller from sharing the report.
A broker or seller who receives an inspection report is charged with knowledge of the information in the report. If an inspection report reveals material defects, the seller and the broker are obliged to disclose those defects. Therefore, the question is not whether the seller and broker must disclose the defects, but rather how the seller and broker will disclose the defects. The seller and broker may choose to disclose the defects orally, but that may be imprudent since no record of the disclosure would exist; summarize the defects in some written communication to the subsequent purchaser, but that may create a risk that some important information may be edited out; or provide a copy of the report to the subsequent purchaser along with the seller’s disclosure notice, thereby providing all of the information the seller and broker have with regard to any know defects.
The TAR [FONT=Arial]Seller’s Disclosure Notice (TAR 1406) asks the seller to identify and attach copies of previous inspection reports. This notice cautions the buyer against relying on previous reports as a reflection of the current condition of property and suggests that the buyer employ an inspector of the buyer’s choice. [/FONT]