Brandon Whitmore Posted February 8, 2010 Report Share Posted February 8, 2010 I received an e- mail today, and am wondering what you guy's typically do in these circumstances. HELLO BRANDON,I AM so and so WITH REALTY TRUST GROUP IN LAKE OSWEGO. MY BUYERS ARE VERY INTERESTED IN A PROPERTY YOU INSPECTED THIS PAST NOVEMBER AT xxxxx IN PORTLAND. ACCORDING TO YOUR REPORT, THERE WAS EXTENSIVE WATER ISSUES AS WELL AS SEVERAL AREAS NEEDING DRY ROT REPAIR. MY CLIENTS AND I ARE WONDERING IF YOU WOULD (FOR A FEE) DO A WALK THROUGH WITH THEM USING THIS REPORT. QUITE FRANKLY, I HAVE NEVER SEEN SUCH A DETAILED INSPECTION, VERY IMPRESSIVE. THEIR FATHER IS A GENERAL CONTRACTOR, AND THEY WERE HOPING TO SAVE SOME MONEY, USE YOUR REPORT, AND PAY YOU TO DISCUSS THE MORE CRUCIAL REPAIRS. YOU MAY CALL ME ON MY CELL etc. etc. I like how she tries to butter me up so I'll do it. I'm thinking that maybe I can say no in a nice way to where maybe she will refer me out in the future. Or heck, maybe some of y'all do these. I'd like to know either way. I don't like the fact that someone has my report who should not, but I got over that a long time ago. There's really no way to stop it. Another thing I don't like is that if the father is a good general contractor, he shouldn't need to meet me out there to discuss anything. PS: This is by no means a starter home, and anyone purchasing a place like this should not have a problem paying for their own inspection. Thanks. Quote Link to comment Share on other sites More sharing options...
Bill Kibbel Posted February 8, 2010 Report Share Posted February 8, 2010 I've had hundreds of those requests. The first few I tried to explain the need for a complete inspection and they really shouldn't have the previous report. I quickly realized it's a waste of my time. Now I just ask for the buyers contact info and throw them the name of another inspector. Quote Link to comment Share on other sites More sharing options...
hausdok Posted February 8, 2010 Report Share Posted February 8, 2010 I'd simply tell them that they don't have a right to a report that they didn't pay for and tell them that the buyer may not rely on it to purchase the home. If they protested, I'd tell them that if they want my report on that home they can enter into a contract with me, I'll be happy to do another full inspection and write another report, because I never resell my reports, and they can pay me for my work. ONE TEAM - ONE FIGHT!!! Mike Quote Link to comment Share on other sites More sharing options...
kurt Posted February 8, 2010 Report Share Posted February 8, 2010 Cut your price, and you go in on the front end with them disrespecting you. It only gets worse. Tell the realtor to take your fee out of her commission if she thinks you're so wonderful. I guarantee, you'll never hear from her again. Quote Link to comment Share on other sites More sharing options...
Chris Bernhardt Posted February 8, 2010 Report Share Posted February 8, 2010 MY CLIENTS AND I ARE WONDERING IF YOU WOULD (FOR A FEE) DO A WALK THROUGH WITH THEM USING THIS REPORT. QUITE FRANKLY, I HAVE NEVER SEEN SUCH A DETAILED INSPECTION, VERY IMPRESSIVE.THEIR FATHER IS A GENERAL CONTRACTOR, AND THEY WERE HOPING TO SAVE SOME MONEY, USE YOUR REPORT, AND PAY YOU TO DISCUSS THE MORE CRUCIAL REPAIRS. YOU MAY CALL ME ON MY CELL etc. etc. What's there to discuss, they've got your report? You'll waste an entire inspection block just to show up. Ok, sure, talks cheap, let's see $100 to show up, and another $100 to talk for an hour and another $100 to put it on paper, so for a one hour walk and talk it's $300 and another $100/hr after that. You'll never get out of there in less than 2 hours, so your fee will be at least $400 all so they'll now have the right to sue you. Chris, Oregon Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 Thanks guys. Mike, If I recall correctly, you told a Realtor to "cease and desist" when she tried to use your report in such a way-- am I remembering that correctly? I just replied to her letter and told her that I appreciated her kind words in regards to my report, but that I wouldn't be able to do it. I then let her know that if she needed a good inspector for future jobs, I was just a phone call away. Quote Link to comment Share on other sites More sharing options...
Richard Moore Posted February 8, 2010 Report Share Posted February 8, 2010 I'm thinking that maybe I can say no in a nice way to where maybe she will refer me out in the future. I'm thinking that you don't want referrals from this agent. Both the listing agent and the new buyer's agent should know enough to know better. Your original client paid you the full fee for information that you promised to keep confidential. No, you can't stop it being shown around by unethical zoids, but you would be aiding and abetting a breach of confidentiality by doing what this new agent is suggesting. I've never had to handle this one myself, but I think I would answer along the lines of... "The code of ethics I operate under, in fact every CoE that I'm aware of, does not allow this. This is nothing new and I'm actually surprised that you asked. Is this your first sale?" Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 Cut your price, and you go in on the front end with them disrespecting you. It only gets worse. Tell the realtor to take your fee out of her commission if she thinks you're so wonderful. I guarantee, you'll never hear from her again. I've already ticked off most of the agents I've ever met, and many that I have not. Since I've only been on my own for about 4 years now, I still get a decent chunk of my business from Realtor referrals. I remember back when I was new....... Most of the Realtors I met seemed to love me and request me for all of their inspections from that point on. For the most part, that's no longer the case. Back then, I thought I was a pretty good inspector. Close to 10 years have gone by, and I'd prefer not to see my old reports. Quote Link to comment Share on other sites More sharing options...
Jim Katen Posted February 8, 2010 Report Share Posted February 8, 2010 Brandon, you are familiar with the new rules from the CCB regarding this issue, right? - Jim Katen Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 Brandon, you are familiar with the new rules from the CCB regarding this issue, right? [:-paperba It sounds like I need to start reading the newest set of laws and standards more closely. Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 What's there to discuss, they've got your report? They've got my report, and a "contractor" in the family. I'm thinking this is the Realtor's way of passing on the liability. She may just not know any better? In a way I'm glad she asked. Now I've got it on record that I specifically requested that they not rely on my report. You'll waste an entire inspection block just to show up. Ok, sure, talks cheap, let's see $100 to show up, and another $100 to talk for an hour and another $100 to put it on paper, so for a one hour walk and talk it's $300 and another $100/hr after that. You'll never get out of there in less than 2 hours, so your fee will be at least $400 all so they'll now have the right to sue you I have a feeling that they can sue me whether or not they are my client; it would probably just be easier if I took a chunk of their change Hopefully I'm wrong......... Quote Link to comment Share on other sites More sharing options...
Chris Bernhardt Posted February 8, 2010 Report Share Posted February 8, 2010 Beginning January 1, 2010, certified Home Inspectors are now required to include a specific statement that indentifies that the contained report is only for the use of the purchaser of the home inspection. The following disclaimer must be included on the first page of both the original contract and the home inspection report: ââ¬ÅTHIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT.â⬠Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 I'm thinking that you don't want referrals from this agent. I agree that she is most likely not the type of Realtor that I want to work for, but...... If I end up getting one job out of her before she decides she doesn't want to refer me out any more, I'll have another satisfied client who will hopefully send me more work in the future. Just so you all know........I'll never do anything that I consider wrong or unethical to earn a buck, and would let my business fail and move on to another career if it came down to it. I've got to live with myself for a while yet. Thanks for the overwhelming number of replies in short order. Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 Here's that Realtor's reply: Brandon, > Thanks for getting back to me so quickly. > I completely respect were you are coming from. > If they decide to proceed, would it not make > the most sense to hire you for the second > inspection? > I do have inspectors, but none as thorough ! > So yes, I will keep you in mind. So maybe it is good to play nice-- she may just not have thought it through. I still don't know if I will do the inspection if requested. I'll have to contact the previous client, who had me inspect another property he ended up purchasing. Since he's no longer looking for a house, I can't see how this would be an ethics issue, would it? Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 8, 2010 Author Report Share Posted February 8, 2010 Chris, Thanks for posting the new rule, I e- mailed it to the Realtor in question. Hopefully the word will get out. Quote Link to comment Share on other sites More sharing options...
Richard Moore Posted February 8, 2010 Report Share Posted February 8, 2010 I'll have to contact the previous client, who had me inspect another property he ended up purchasing. Since he's no longer looking for a house, I can't see how this would be an ethics issue, would it? We had this discussion a while back, with some mixed responses. But, as I see it... It wouldn't hurt to contact the previous client, from a PR POV, but it sounds like you already know for certain that he no longer has any interest, so not really necessary. I see no ethics issue at all in this case if you are doing a completely new inspection and report. Glad it worked out for you. We (I) may have been a little harsh on judging the new buyer's agent...although the listing agent is still a bad girl/boy. Quote Link to comment Share on other sites More sharing options...
mgbinspect Posted February 8, 2010 Report Share Posted February 8, 2010 I am usually successful at convincing folks to get their own inspection by explaining: 1. As others here already have, that the inspection they are using is not their property and I can't possibly use it without their permission. 2. Anything could have happened at the property since I last saw it. 3. They have no contractual agreement or protection through the use of the last inspection. They usually accept my stance and elect to have me do a full inspection with no resentment or get one from another inspector. Quote Link to comment Share on other sites More sharing options...
Chad Fabry Posted February 8, 2010 Report Share Posted February 8, 2010 I do have inspectors, but none as thorough ! That pisses me off as much as the phrase " my inspector". Either way, it's not too subtle. Quote Link to comment Share on other sites More sharing options...
Marc Posted February 9, 2010 Report Share Posted February 9, 2010 My services are not available for free. If a client of mine has given his report to the agent of another buyer, I'll be happy to help this new buyer, but I do not have a product for sale called 'walk thru'. I do have home inspections and other inspection products and I'll sell you any of them but I have no 'walk thru' product. I sometimes do walk thru's for an existing client who just bought a home inspection and I do it for free because it's not a product of mine. The best way to breed a misunderstanding and end up with an upset client is to proceed with an ambiguity. Marc Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 9, 2010 Author Report Share Posted February 9, 2010 Glad it worked out for you. We (I) may have been a little harsh on judging the new buyer's agent...although the listing agent is still a bad girl/boy. She has sent me two more e- mails since the last one posted. One of them thanking me again, and telling me that she discussed this issue with her broker. She said that neither of them knew that useage of the report was an issue, and that they are going to cover this in their next meeting. It would be cool if a mass e- mail would magically go out to all of the real estate offices letting them know. I'm sure some agents honestly don't know any better. On the bright side, they won't be requesting an inspection of the POS house. They smartened up and decided to look elsewhere. She said she'd be calling me once they have an offer accepted. Quote Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted February 9, 2010 Author Report Share Posted February 9, 2010 The company I used to work for did fee paid walkthroughs when there was a sale fail, and a new client came along. I'm not sure if they still do them or not. Quote Link to comment Share on other sites More sharing options...
Tom Raymond Posted February 9, 2010 Report Share Posted February 9, 2010 The very first paragraph of my report states that the agreement is a critical component of the report and the report is invalid without a signed agreement. It goes on to say that all work product related to the inspection is copyrighted, and remains my property. The bottom of every page I deliver has a copyright date, my company name, and "DO NOT DUPLICATE WITHOUT PERMISSION" printed on it. No one will be able to redistribute my work and claim ignorance about ownership. I wouldn't do a "walk through" under these circumstances either, but I don't think inspectors should discount the model altogether. There is a business side to what we do, and not all of it falls under the pervue of our licensing or certification. If someone is willing to pay me for my opinion (consult, walk and talk, or home inspection) I'll be taking their money. Tom Quote Link to comment Share on other sites More sharing options...
esch Posted February 9, 2010 Report Share Posted February 9, 2010 How'd they get your report? Who released it to them? It may belong to the client you performed it for, but your contract says no third party uses, correct? Matt Quote Link to comment Share on other sites More sharing options...
Paul N Frey Posted February 9, 2010 Report Share Posted February 9, 2010 Brandon, I have a pretty good line when someone calls (client or agent)and "wants to discuss the report on ---- home. I talk for a few minutes, get their name and pull the old report. Then I ask what relationship they have with Joe Blow (my client). Normally they say "oh, the house was a fail sale and the agent gave me the report to use". At that point I tell them that they have 10 minutes to contact the owner of the report and purchase it from them because I am calling in 15 minutes and recommend that they prosecute for theft of property. I tell them that I will do another full fee inspection but cannot discuss the inspection they have as it is not their property. I usually get about 50% of the jobs and really don't want the rest since the home was normally a true POS. Believe me, you will find more the second time around even if it is little stuff but you will definitely reword the original report. Quote Link to comment Share on other sites More sharing options...
Marc Posted February 9, 2010 Report Share Posted February 9, 2010 That sounds like a, sort of, draconion approach. Some agents might take that as a threat. Marc Quote Link to comment Share on other sites More sharing options...
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