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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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Old 2/6/10, 2:51 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Join Date: Aug 2002
Location: Valley Forge, PA
Posts: 30,613
Default Regarding providing a copy of the report to agents and the seller....

The following comments assume your client is the buyer:

I've been reading threads here and there regarding whether or not inspectors should provide a copy of the report to their client's agent or not.

Even in states where you are specifically prohibited from giving the report to anyone but your client, the client's agent and the client's attorney are still considered by the courts to be "the client."

However, to be safe, you should generally try to get your client's permission to give his/her representative the report. This may be difficult when the representative shows up at the inspection without your client. In such cases, the fact that your client sent his/her representative to the inspection is implied permission to give the report to the representative.

It is interesting to note that in Pennsylvania, even the seller is entitled to a copy of the inspection report from your client. This from the PA home inspection law:

Quote:
6 (b) Confidentiality.--Except as otherwise required by law, a
7 home inspector shall not deliver a home inspection report to any
8 person other than the client of the home inspector without the
9 client's consent. The seller shall have the right, upon request,
10 to receive without charge a copy of a home inspection report
11 from the person for whom it was prepared.
InterNACHI's post-inspection survey works great for getting these permissions (in writing).

If you write a robust report, it is in your best interest (from a marketing standpoint) to get a copy of your report (with permission from your client of course) into as many hands (agent's and seller's) as possible.



Nick Gromicko, Certified Master Inspector

Find a Home Inspector
"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17

Last edited by gromicko; 2/6/10 at 6:25 PM..
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  #2  
Old 2/6/10, 4:55 PM
Gary Farnsworth Gary Farnsworth is offline
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Join Date: Mar 2008
Location: Olathe, KS
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Default Re: Regarding providing a copy of the report to agents and the seller....

Since I do on-site reports and pictures on CD, I always print off an extra copy for my client/buyer. They can give it to their agent if they choose. this has been working for me since I started 9 years ago. Other inspectors should not have a problem in doing this. I have e-mailed reports to buyer's reps via e-mail, and also copy the client to let them know officially. As long as the language is in your agreement, and in the reports (as mine are) you should be OK. For out of town buyers, there should be no problem in giving the reports to their agent. Again, the language should be in the report also, in case it gets "passed around".



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Old 2/6/10, 8:24 PM
Kevin M. Leonard's Avatar
Kevin M. Leonard Kevin M. Leonard is offline
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Join Date: Nov 2003
Location: SW. Ohio
Posts: 5,638
Default Re: Regarding providing a copy of the report to agents and the seller....

This is the statement I have in my agreement.


Client Agrees to permit Inspector to release Inspection Report to clients Realtor/Broker by initialing here :______



Kevin M. Leonard
The Ohio Home Inspections Company
513-895-7700
937-283-5118




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