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Old 09-29-2013, 05:23 PM   #16
dakcp2001
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Originally Posted by Peanut Giggleface View Post
Why don't you offer to sell it to the prospective buyers for half the fee? Everything in real estate is negotiable.
It was already given to them for free. Why would they pay me now? And legally I am not sure I can charge for work the inspector did. Shouldn't he be entitled to some sort of fee since he did the work?
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Old 09-29-2013, 05:23 PM   #17
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Originally Posted by Peanut Giggleface View Post
Why don't you offer to sell it to the prospective buyers for half the fee? Everything in real estate is negotiable.
Well the buyers already have it. For free. So I doubt they're going to pay now. There might be something in the contract with the Inspector which prevents resale also.

Every negative item in that report should have already been reported by the seller to the new buyer anyway. If it hasn't, then their listing agent is not being ethical either.
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Old 09-29-2013, 05:23 PM   #18
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Originally Posted by Peanut Giggleface View Post
Why don't you offer to sell it to the prospective buyers for half the fee? Everything in real estate is negotiable.
Maybe it's unique to California, but both my agent, and the buyers agent said it was against the law for them to negotiate any exchange of money for anything other than the real estate itself. In my case, they refused to have anything to do with any discussions about whether any appliances would left.
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Old 09-29-2013, 05:25 PM   #19
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Get back to me after you spend 450 on an inspection, the deal sours and the next buyer wants to use yours.
Actually, we're doing a second inspection on the same house (we weren't satisfied with the level of rigor on the first one). If we decide to walk away, I will certainly provide it to my Realtor for any subsequent buyers to use. Like I said, I just think it's a nice thing to do.
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Old 09-29-2013, 05:27 PM   #20
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I am shooting an email to the inspector. If the new buyers have any questions about their free inspection report, he should get some sort of fee. I also think it is hard to trust this seller and his agent with the now "free report". Do you think they will show the actual report to the new buyer? Or misrepresent it to their advantage? Who knows.
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Old 09-29-2013, 05:35 PM   #21
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I don't know whether or not this is a legal issue, but it is definitely unethical for the realtor to give away something you paid for. I would contact the local realtors association and the agents broker.
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Old 09-29-2013, 05:42 PM   #22
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Well, now that the sellers know about the problems with the house they will legally have to disclose them now. So depending on how soon the sellers updated their report (which should have been before new buyers were introduced), the buyers should have already known about the issues and negotiated them into the terms of the offer. The bank will still require them to have a home inspection of their own though.
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Old 09-29-2013, 05:44 PM   #23
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I bought a house last year. On the front of the report it says "This report is the exclusive property of the inspection company and the client whose name appears herewith and its use by any unauthorized persons is prohibited". My name is on the front "prepared for.....". On the bottom of every page it says "Confidential-for client use only. Use by any unauthorized persons is prohibited".

Also check your contract with the inspection company (a copy was included with the report). Mine says "the inspection, and the written report, is not to be transferred to, utilized by or relied upon by any other person or entity without prior written permission of the Company". So in effect, it is copywrited by the inspector. They lose business if the report gets passed on to someone else.
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Old 09-29-2013, 05:45 PM   #24
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I don't know whether or not this is a legal issue, but it is definitely unethical for the realtor to give away something you paid for. I would contact the local realtors association and the agents broker.
Agreed. I would definitely call your realtor's boss and I would be asking to be reimbursed. She should not have given the report that you paid for to someone else. If you stick with this realtor (I wouldn't) the funds can be deducted from her commission.

I agree $450 is a great deal of money. I would not be happy if I report I paid for was given to someone else and that's the kind of person I am.
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Old 09-29-2013, 05:52 PM   #25
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I would be very mad, too. Maybe see if the person is willing to chip in half. or if your idiot Realtor will knock $450 off the commission they make from you...
Since they didn't buy and walked the Realtor received no commission
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Old 09-29-2013, 05:58 PM   #26
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I would write a letter of complaint to your realtor's broker. What she did is unethical and probably illegal. It was never her report. My dad is a realtor and would never do that, ever. It's just wrong, period.

It also sounds like she lives by the "it's easier to apologize than ask permission" which will probably come back to bite her. That's a terrible way to do business (and life in general)
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Old 09-29-2013, 06:05 PM   #27
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I'd be ticked too but would have gladly shared it for 1/2 the fee. If nothing else, this should be your ticket to end all relations with this realtor. Tell her based on her misassumption, you are requesting release from your contract with her effective immediately. If she has a boss, let them know why. I would not waste another month with her, you have lost enough buying time with her mishandling your business.
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Old 09-29-2013, 06:09 PM   #28
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I'd be ticked too but would have gladly shared it for 1/2 the fee. If nothing else, this should be your ticket to end all relations with this realtor. Tell her based on her misassumption, you are requesting release from your contract with her effective immediately. If she has a boss, let them know why. I would not waste another month with her, you have lost enough buying time with her mishandling your business.
If her contract with the inspector was like mine above, that would not be legal. It's illegal to pass it on, period. You can't resell it.

The OP said she was going to notify the inspector. He might be looking for reimbursement from either the realtor or the seller, it was his report and is being used without his permission.
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Old 09-29-2013, 06:13 PM   #29
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I spoke with the realtor on the phone, she explained she thought I would be fine with it since the sellers realtor had already seen the report and gotten to review it when we were negotiating our deal. So according to her, he already had a copy from when we were negotiating with him. She explained to me that she will tell him he does not have our permission to use it or share it with the new buyer, but she also said she could not be sure he had not already done that. I told her I was emailing the inspector and she got all upset about that. So she must have known she was wrong to share it. I am guessing both realtors know that.
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Old 09-29-2013, 07:03 PM   #30
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Since you can't change what has been done, I would let her know that she is terminated effective immediately.

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