Help turing Lemons into Lemonade

[Gregory A. Liebig]

I had a very uncomfortable experience with a Realtor. I found out this past week that this Realtor "Will never use me again and I embarrassed her"

Scenario
I did an inspection in a new area (different county) a two weeks ago. The seller was present for the entire inspection and my client was there for the last 2 hours. I just finished the on-site inspection review and the section of my contract where my client can give me permission to distribute a copy of the report to others if they so choose. I explained to my client that the inspection is a confidential document between them and me and I cannot distribute the report to anyone without their expressed written permission.

The Realtor, in front of both parties, asked when I was going to get her the report and I said I couldn't do that because my client didn't give me permission to. She said I had to and pulled out the offer to purchase and showed me See... and I said I'm not the buyer so I cannot distribute the report to her without my client's permission. My client felt bad and then agreed to give me permission out of haste.

In Wisconsin, the offer to purchase lines 98 and 99 states," Buyer agrees to promptly provide copies of all such inspection reports to Seller, and to listing broker of Property is listed." In this case, my client gave me permission to send a copy of the report to the Realtor they were working with and not to the listing agent. (Very typical)

The seller hired me the same day to do the inspection on their new home because they really liked how I performed the inspection. When the Realtor showed up to let me in, she was very cold, unlocked the home, and left.

I received great testimonials from both of these clients (on the top of the page)

Any suggestions how to convert this Realtor??

[John McKenna]

Why worry about the Realtor... you were just doing your job.

Some Realtors are offended that you will not obey them.

"There is life after Realtors... it's called heaven".

[Gregory A. Liebig]

Originally Posted by jmckenna1

Why worry about the Realtor... you were just doing your job.

Some Realtors are offended that you will not obey them.

"There is life after Realtors... it's called heaven".

My main point was it was a new area and I don't market there. I don't need a Realor spewing garbage that isn't true. That's why I'm looking to make lemonade.

[Larry D. Kage]

Well, you didn't sign the purchase agreement so you are not obligated to it.

You signed the pre-inspection agreement so you are obligated to it. Your client says not to send a copy to others, so you don't.

I may, in the future, remind my client that the purchase agreement he signed says he needs to provide copies of the report to seller/listing agent and would he like me to do that for him?

I'm not sure how you can "make lemonade" but I wouldn't act out of fear or utter servility either.

Learn and move on.

[Gregory A. Liebig]

Maybe I should send her an e-mail with a link to this thread...

[jwortham1]

Originally Posted by gliebig

Maybe I should send her an e-mail with a link to this thread...

Better yet, send her the link to the line in the WI SOP's that precludes you from distributing it to anyone other than your client. That should do the trick.

[Gregory A. Liebig]

Originally Posted by jwortham1

Better yet, send her the link to the line in the WI SOP's that precludes you from distributing it to anyone other than your client. That should do the trick.

I have that link in an e-mail I started to write but haven't sent yet. I'm hoping for some additional good ideas from this post.

[William J. Decker]

Greg;

I am very up front with all parties. I simply explain that State Law procludes me from giving the report to anyone else, without my clients written permission or a court subpenea. I even make a point of asking the client, before the inspection and in front of all parties (even the client's Realtor) if I can freely talk about what I find.

Sometimes they say no, then I make sure that I don't discuss anything or make any comments unless it is just myself and the client.

When confronted, I explain, "Just like you (agent license), I must follow state law." I then hand them a copy of the law and recommend that they familiurize themselves with it. I have read the Agents license law, but very few Realtors have read the inspectors law.

Just approach it as you would any clarification.

Had a client, recently, where the agent couldn't stick around for the inspection. Just me and the clients. Before the agent left, he gave me his card and told me to e-mail the report to him. The clients were right there and agreed when I asked them if it was OK. After the inspection, the clients made a big point about only sending them the report. Not their agent or their lawyer.

Both the agent and the lawyer called me, asking where the report was. I merely said, "the client asked me not to send you a copy. I suggest that you contact them." They did, and called back and said that the client OKed it. I called the client, but he, again, told me no (in no uncertain terms!!!). This went back and forth for awhile. Finall, I told both that I would'nt send out the report to them unless they seny me WRITTEN permission, signed by the client. Both got huffy and the lawyer even threatened me with legal action.

I referred them both to my lawyer, who called me later and told me I had done the right thing and not to worry.

But, I have to wonder what this was all about.

In any case, in writing and signed or no one else gets it and I don't even talk about it with anyone else.

I would rather keep my license than keep a Realtor.

Hope this helps;

[Gregory A. Liebig]

Originally Posted by wdecker

In any case, in writing and signed or no one else gets it and I don't even talk about it with anyone else.

Hope this helps;

Will, It sure does.

My inspection contract has a section at the very bottom just above the signature lines where I review with my client their rights and get their written authorization to distribute copies of the report to those of their choosing. That way it's done and in writing.

In this case, my client initially chose not for me to send the report to anyone but their agent. I think they wanted to review it first since I don't print on-site. When the listing agent made a big stink about it, my clients caved and initialed the contract. That's where my problem is.

We all know home inspectors and a buyer's agency (if one exits) are the only two professionals that have a fiduciary responsibility to their clients. I did reiterate to my client they didn't have to give me their permission and they could send it on at their choosing. I think this might have been what upset the listing agent.

Thank you!

[William J. Decker]

Listing Agents. Go figure.

[pcarter-old-04]

Originally Posted by gliebig

My main point was it was a new area and I don't market there. I don't need a Realor spewing garbage that isn't true. That's why I'm looking to make lemonade.

Greg,

You did make lemonade, you have two new clients who will now refer you, keep on going.......or is that truckin.................. two is better than one........

[Gregory A. Liebig]

Originally Posted by pcarter

Greg,

You did make lemonade, you have two new clients who will now refer you, keep on going.......or is that truckin.................. two is better than one........

That really put a smile on my face!!!