I stand corrected, as usual, California is in a "state" unto itself, and runs things every so differently.

Sat Jan 12 2008, 14:23

The buyer pays for the report and theoredically owns the report. However, here in California the report attaches to the property, becomes a material fact and MUST be disclosed to any and all potential buyers of the property. Irrespective of ownership it must now be disclosed.

Sat Jan 12 2008, 14:20

This doesn't sound like a "regional" question at all....

He who pays for the inspection, owns the inspection and the rights of what to do with it.

Sat Jan 12 2008, 14:04

I am a home inspector in Virginia Beach, VA. I inspect in accordance with a national society's standards and abide by their code of ethics. I can not ethically release a buyer's report to another party without their permission. However, I encourage the buyer to let me provide a copy of the report to the seller's agent as a courtesy so they get a 1st party explanation of my findings. This seems to make the process of getting things done a whole lot smoother and I spend a lot less time on the phone providing clarification. This is a one time shot. The seller's agent is forbidden to use my client's report for another prospective buyer. See the attached Code of Ethics, #9.

Fri Jan 11 2008, 04:36

I'm not an expert in PA real estate law, but I provide my inspection report to the client who paid me for it.

I understand that there is a convention in the standard PA agreement of Sale or Real Estate law that allows for the seller to receive a copy of the inspection report from the buyer, if it is requested (I think this means the full report, but I have never had to find out).

I always ask the client (buyer) if I can forward it to their agent or anyone else for them - they can then let me know who they wish to have access to the report. Makes life easier for all.

Fri Jan 4 2008, 10:54

In the Seattle area, it is the property of the buyer. The agent will use this report to respond to the inspection to the seller. However it is not given to the lender or the seller's agent.

Fri Nov 16 2007, 10:53

From an inspectors standpoint...

My client, be it buyer, seller, or another party to the sale, owns the report. The client has the option to release the report to anyone else that they may choose.

My only request on the use of my report is that I ask that the report not be reproduced in it's entirety for distribution to prospective buyers, or for publication in its entirety to a website for promotion of a sale.

It is a violation of most of the published ethics standards that Home Inspectors are required to follow to present anyone other than the client with a copy of the Inspection Report without prior consent of the client. Most clients do agree to share the report with their own agent, and many don't mind to share the report with the seller and their agent. I always ask the client before I start an inspection, and my Inspection Agreement has a space to check off to grant or deny sharing of the report.
I provide one copy of the printed report to the client on site and a copy on CD with all the photos taken of the property. If the client has agreed to share the report with anyone else I provide info on how to access the report on my website.
Alton

Fri Nov 16 2007, 04:42

Dan, If that were happening to me I would request specificly that the report ONLY BE PROVIDED TO BUYER AND OR BUYER/AGENT.
It is alwayse interesting to see how business differs from region to region. I would hope that the inspector would respect the wishes of the individual that is paying him/her.

Tue Nov 13 2007, 18:50

Buyer owns the report and has every right to make the decision to share with the seller. Buyer makes the final decision.

Tue Nov 13 2007, 18:36

I guess what really prompted my comment / question was the practice in Bluffton of the inspectors automatically sending the report to both agents. It is clearly owned by the party paying for it, so how or why could it be sent to the listing agent by the inspeector?

Tue Nov 13 2007, 18:31

In NY the one who pays owns the report. They are certainly free to share it. If there are issues, there is usually a cover page that summarizes them that can be shared.

Tue Nov 13 2007, 17:43

Who ever pays for the home inspection report.

Tue Nov 13 2007, 17:29

In my last residentiial listing, my seller agreed to offer the buyer a credit at closing for the cost of the inspection. We made this offer as an incentive to the buyer to obtain a professional inspection on a home that was in pretty good condition. The seller and I felt that it was in both our interests for the buyer to order her own inspection.

Tue Nov 13 2007, 16:21

In NJ, the buyer owns the report. We do not provide the full report to the sellers, but we do use it in negotiations to have items repaired/credit given where necessary. The buyers attorney shares the information with the sellers' attorney, but not the actual report.

Tue Nov 13 2007, 14:30

In Marin, California -

The person who pays for the inspection, whether buyer or seller, owns the home inspection report. However, either side will need to provide the other side with the report.

As a seller, they are required to give known disclosures (inspection reports are considered as one of those) to the buyers.

So, even if a previous buyer ordered inspection, received the inspection report and decided not to buy the property; as long as the seller has the report, they are required to give the report (even if it's from the previous buyer) to the current buyer to review.

We always advise the sellers before they order an inspection that the report will be shared with the buyers. Sometimes the sellers don't want to do inspection for fear of it might reveal a big problem but then we advise them it's better to find out now than later.

It's the customary thing to do, so they understand.

Sylvia . .

Tue Nov 13 2007, 12:27

Where I do business in Colorado the buyer owns this report. Common sense tells me that if they pay for it it belongs to them. I believe that it is common if there is an issue that the buyer wants resolved that may be described in the report, that report or that portion of the report is provided to the seller as evidence.
If there was not an objection or something that was objected to that is obvious I see no reason why a seller or listing agent would have any right to have access to this information.
If the seller is so concerned perhaps they may want to get the home inspected and provide a warrantee with the home. Kill two birds with one stone...

Tue Nov 13 2007, 12:21