Seriously? Home inspection

Discussion in 'Community Board' started by dakcp2001, Sep 29, 2013.

  1. mom2cgj

    mom2cgj Mouseketeer

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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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  3. phorsenuf

    phorsenuf Not so New Rule author

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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.
     
  4. DebbieB

    DebbieB DIS Veteran

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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.
     
  5. spacemountainmom

    spacemountainmom DIS Veteran

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    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.
     
  6. Talking Hands

    Talking Hands <font color=purple><b>|,,|/</b> DEAF DISNEY LOVER<

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    Since they didn't buy and walked the Realtor received no commission
     
  7. bdcp

    bdcp DIS Veteran

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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)
     
  8. StephMK

    StephMK DIS Veteran

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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.
     
  9. DebbieB

    DebbieB DIS Veteran

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    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.
     
  10. dakcp2001

    dakcp2001 <font color=darkorchid>Am I wrong to want a cashie

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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.
     
  11. BellePrincessBelle

    BellePrincessBelle <font color=green>Nothing says Thanksgiving like s

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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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  12. sweetdana

    sweetdana DIS Veteran

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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.
     
  13. Carina

    Carina DIS Veteran

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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.
     
  14. Colleen27

    Colleen27 DIS Veteran

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    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.
     
  15. mickeysgal

    mickeysgal <font color=blue>Orange you glad I like Knock Knoc

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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.
     
  16. mnrose

    mnrose Queen of all she surveys

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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.
     
  17. BellePrincessBelle

    BellePrincessBelle <font color=green>Nothing says Thanksgiving like s

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    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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  18. Tozzie

    Tozzie DIS Veteran

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    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.
     
  19. sam_gordon

    sam_gordon DIS Veteran

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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.
     
  20. Art 1

    Art 1 DIS Veteran

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    I wouldn't worry about it. You needed it, it served you well. Don't be so stingy.
     
  21. Spoot

    Spoot Earning My Ears

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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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