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Old 09-29-2013, 08:05 PM   #31
sweetdana
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If this is an appraisal, it belongs to the lender who ordered it. The lender is required to give the person whom paid for it a copy. ... but is not permitted to release to anyone else, as your info/loan is confidential. The lender should not have released this to your realtor without your permission. If this is the case and you sent (or allowed your lender to send to realtor, the only possible legal problem is copywriter issues, as they are not involved in the original transaction). The realtor has no legal confidentiality agreement with an appraisal, but cannot copy/ fax to person unrelated to the original transaction.

If you mean an actual home inspection, this belongs to whom ever ordered/paid for. Prolly you in this case. I cannot confirm, but would assume same rules apply.


You could require 1/2 the payment, or you will let appraiser/ inspector know of their breach of copywriter rules. Idk if I would but I'd mad for a minute.
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Old 09-29-2013, 08:15 PM   #32
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We paid a people that walked from the place we are in now ( their financing clause did not come through) half of what they paid for the septic inspection.

We considered it a win/win situation and so did they.

Why not try and sell it for half what you paid?


EDIT
Oh my I just saw the part about your agent giving it over anyways. I would DEMAND 1/2 of the $450 paid to you out of your agents pocket AND I would DEMAND to be let out of the agent contract.

I have never had a contract with an agent as a buyer only as a seller, in fact I don't know anyone that had a contract as a buyer, but most go with whomever is selling their home, but I know even with a seller contract it's pretty easy and common to get out of them if the agent did something to make you upset.

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Old 09-29-2013, 08:19 PM   #33
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Quote:
Originally Posted by dakcp2001 View Post
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.
I'm sure they do. Confidentiality wording is standard on home inspection reports, IME. Home inspectors don't want realtors passing those reports around so that other prospective buyers don't need their services.
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Old 09-29-2013, 08:20 PM   #34
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It's water under the bridge now. You can try to get reimbursement for it, but doubt it will be successful. You can write a letter to the broker to get it off your mind, but the most significant thing you can do right now to register your displeasure at the way this was handled is to walk away from this realtor. There are thousands of other agents. Find one. Don't linger, don't waste you time anymore with this one. Good luck.
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Old 09-29-2013, 08:34 PM   #35
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Have read only the first page of responses. When we have had inspections done, copies have gone to us, our realtor, and the seller. When we have sold houses, we've received copies of all inspections done by the prospective buyers (as we should...). One time, our initial buyers backed out (not due to a problem with the house, but rather a personal finance issue). After that, our realtor told us we were OBLIGED to share that inspection report with any other buyers...it was information we had about the house that we HAD to share with other buyers. Made sense to me.

Personally, I would NOT be bothered by what the agent did. Inspection reports are part of the sunk cost of entering into a real estate transaction.
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Old 09-29-2013, 08:53 PM   #36
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Quote:
Originally Posted by mnrose View Post
Have read only the first page of responses. When we have had inspections done, copies have gone to us, our realtor, and the seller. When we have sold houses, we've received copies of all inspections done by the prospective buyers (as we should...). One time, our initial buyers backed out (not due to a problem with the house, but rather a personal finance issue). After that, our realtor told us we were OBLIGED to share that inspection report with any other buyers...it was information we had about the house that we HAD to share with other buyers. Made sense to me. Personally, I would NOT be bothered by what the agent did. Inspection reports are part of the sunk cost of entering into a real estate transaction.
All of our inspections were ours & ours alone. No copies were given to anyone else. My own realtors were never even privy to them unless we chose to show them for concessions. When we sold 3 times, we never saw inspection reports.
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Old 09-30-2013, 01:00 AM   #37
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Quote:
Originally Posted by mnrose View Post
Have read only the first page of responses. When we have had inspections done, copies have gone to us, our realtor, and the seller. When we have sold houses, we've received copies of all inspections done by the prospective buyers (as we should...). One time, our initial buyers backed out (not due to a problem with the house, but rather a personal finance issue). After that, our realtor told us we were OBLIGED to share that inspection report with any other buyers...it was information we had about the house that we HAD to share with other buyers. Made sense to me.

Personally, I would NOT be bothered by what the agent did. Inspection reports are part of the sunk cost of entering into a real estate transaction.
I guess that varies by location, when I bought my house I am the only one who received a copy of the inspection report and the bank didn't require a home inspection they had the house appraised but they didn't ask for the inspection report.
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Old 09-30-2013, 06:54 AM   #38
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If you're going to walk on a sale based on the inspection, aren't the sellers entitled to the inspection? Anyone could just say "oh, the inspection was bad", and not necessarily walk away, but use it as a negotiating tool to get a lower cost.

I'm just guessing.
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Old 09-30-2013, 07:02 AM   #39
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I paid 450 for a home inspection on a home we wanted to buy. Turns out the home had a slew of problems, including structural problems and a leak "under the slab". We walked. Well, I got an email from my idiot realtor today, which cc'd the realtor who was selling THAT home asking if we minded letting the new buyer have our inspection report. I ,of course, said no let them pay their own 450. I hate to be a jerk, but I spent my hard earned money getting that report and I am out that money. It is gone. Why would anyone give it over for free? Got another email from the realtor apologizing, she had already sent it over and didn't think we would mind. Is that even legal? The end of October cannot come soon enough. Is this a normal thing to do? I have never heard of anyone doing that before. I am mad that my 450 bucks is going to someone else's profit.
I wouldn't worry about it. You needed it, it served you well. Don't be so stingy.
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Old 09-30-2013, 07:14 AM   #40
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I think that the person who really got screwed here is the home inspector - they were essentially cheated out of a job.
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Old 09-30-2013, 07:28 AM   #41
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Mnrose - we have sold several homes and never had access to the buyer's inspection report.

OP - yes, I would be furious that my private inspection report with my information was handed over to complete strangers (no direct professional connection). These reports are expensive for a reason. I don't know about yours, but our last one was approx 30 pages long and very extensive with pictures. Cost aside - this inspection legally does them NO good since it wasn't prepared for them. You signed the pre-inspection agreement/contract. Not them. They need their own. And that goes for any other inspection you pay for - termite, electrical, septic, etc.

Did your realtor order the inspection? I'm guessing that's why she had her hands on it. We learned it's a big no-no to let the agent order the inspection as this can cause a major conflict of interest.

I wonder though...if the other party contacted the home inspector for questions, he got annoyed that his inspection was being recycled, and your realtor is trying to cover her butt by pinning it on you?
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Old 09-30-2013, 07:43 AM   #42
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You would have been out the 450 either way. Just look at is as money well spent, the house had issues that you needed to know about it.

450 is a lot of money to me too, but the real problem is that someone tried to sell a house that they knew probably would not pass inspection.

I am confused as to why the seller's Realtor even wanted the inspection. Seems like they would have been hoping for the next buyer to get an inspector that would miss the problems. Unless the seller is coming down on the price enough to make it inviting to someone that can fix those problems themselves.
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Old 09-30-2013, 07:51 AM   #43
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Quote:
Originally Posted by sam_gordon View Post
If you're going to walk on a sale based on the inspection, aren't the sellers entitled to the inspection? Anyone could just say "oh, the inspection was bad", and not necessarily walk away, but use it as a negotiating tool to get a lower cost.

I'm just guessing.
You would have to read the contract with the inspector to see if you can forward it. When I had mine, I typed the inspector's recommendation onto a letter and sent it to the realtor (it involved a leak in the basement).

Quote:
Originally Posted by Lehuaann View Post
Mnrose - we have sold several homes and never had access to the buyer's inspection report.

OP - yes, I would be furious that my private inspection report with my information was handed over to complete strangers (no direct professional connection). These reports are expensive for a reason. I don't know about yours, but our last one was approx 30 pages long and very extensive with pictures. Cost aside - this inspection legally does them NO good since it wasn't prepared for them. You signed the pre-inspection agreement/contract. Not them. They need their own. And that goes for any other inspection you pay for - termite, electrical, septic, etc.

Did your realtor order the inspection? I'm guessing that's why she had her hands on it. We learned it's a big no-no to let the agent order the inspection as this can cause a major conflict of interest.

I wonder though...if the other party contacted the home inspector for questions, he got annoyed that his inspection was being recycled, and your realtor is trying to cover her butt by pinning it on you?
My agent did not want to be involved. She gave me a list of certified inspectors in my area and told me to choose one and make arrangements.
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Old 09-30-2013, 08:16 AM   #44
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Quote:
Originally Posted by sam_gordon View Post
If you're going to walk on a sale based on the inspection, aren't the sellers entitled to the inspection? Anyone could just say "oh, the inspection was bad", and not necessarily walk away, but use it as a negotiating tool to get a lower cost.

I'm just guessing.
When I bought my house I had an the inspection done before I signed any contract of sale, so no they weren't entitled to a copy of it.
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Old 09-30-2013, 08:26 AM   #45
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When I bought my house I had an the inspection done before I signed any contract of sale, so no they weren't entitled to a copy of it.
Then it would depend on the contract (or lack of one) which the OP doesn't specify. I've heard of sale contacts "contingent on passing inspection" or other such language. That's what I'm referring to.
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