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 WWYD - Providing Inspection Reports?

Hi ladies.

As some of you might remember, we were in the process of buying a house a couple of weeks ago, and 6 days ago we pulled the plug due to a variety of issues.

I just get an email from my realtor today, and the seller is asking to BUY our inspection reports for the house and for the septic.

Given that 1) she failed to disclose many issues with the house (that we luckily found out due to my insurance broker) and 2) she was looking at her legal options for us walking out on the deal, I am more than a little suspicious about her motives.

Is this a normal request? Am I overreacting?
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 25 Apr 2012 12:41 PM
 5 Mar 2012
Applefrog
Chatterbox
360
Can't you just refuse?
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 25 Apr 2012 12:43 PM
 3 Dec 2001
 Calgary
YYC MOM
Postaholic
5,871
I'd be suspicious and refuse. Done.
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 25 Apr 2012 12:44 PM
 4 Jan 2006
Mary Ann
Addict
3,808
Let her hire the guy back and get it directly from him. You have nothing to gain by "selling" the report and possibly things to lose.
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 25 Apr 2012 12:44 PM
 24 Jan 2005
 Calgary
tojules
Raving Lunatic
11,202
As long as the reports show that there were enough wrong with the house to support why you backed away (I think there is a $$ threshold for that?), I'd let her pay me for them seeing they'd be useless to me. If the reports suggest that it might not been enough to allow you to back away...I'd hang on to them.

If she wants to sue you, those reports will end up in court anyway...so no real reason why you wouldn't sell them to her and recover some of your costs. Keep copies of course.

I've never heard of people doing that? But then again, maybe she wants to repair the damages and figured you might give the report to her cheaper than if she hired someone else to figure out what her issues are. Or, she might think your reports are better than what another potential buyer gave her inspection reports on and she's trying to justify why the other reports are wrong??

I'd be suspcious, but as long as my butt was covered...I'd let her have them and recoup my money.
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 25 Apr 2012 12:45 PM
 23 Jun 2007
 Tinseltown
Poulette
Postaholic
9,801
I can absolutely refuse.

I just wanted to see if it was within the realm of "normal" requests.
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 25 Apr 2012 12:46 PM
 13 Jun 2005
 Toronto, ON
aw2006
Addict
3,822
Has your deal fallen through completely? Sounds like she wants them in hand for the next person who puts an offer in. She can then say that an inspection has already been done and perhaps the buyers would then not have their own done.
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 25 Apr 2012 12:46 PM
 26 Aug 2005
 Toronto, ON
honeybee
Postaholic
8,946
Couldn't she get her own inspection reports?
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 25 Apr 2012 12:46 PM
 19 Jul 2010
bd71
Rookie
106
Don't give them to her. If she instigates action against you obviously you will have to show them to her but they are more your evidence than hers anyway.

If she has concerns about what is wrong with her house she can pay for her own inspection.
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 25 Apr 2012 12:48 PM
 11 Jun 2002
 Ottawa, Ontario
Nat&Phil
Addict
4,685
We've been asked the same for a house we refused to buy. As long as you have the SPIS forms proving that she failed to disclose certain facts and photocopy the reports - I would sell her the reports for sure! It's money in your pocket and she has no way to pursue it legally (as far as I know) since she's the one who's at fault.
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 25 Apr 2012 12:51 PM
 5 Jan 2005
 Kanata, ON
OldIrish
Rookie
133
My DH is a home inspector and we are sometimes asked if it's ok for our client to sell the report to someone else. YOU are the home inspector's client and the report is yours to sell or not - it's your choice.

You have to judge whether she legitimately wants to fix what was found. It's entirely possible she didn't hide issues. Most people aren't aware of what is wrong with their house.

Re looking into legal options - it's pretty disappointing when a deal falls through and I would want to know also what my rights are.

Bottom line though, you know the whole story and it's your choice.
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 25 Apr 2012 12:52 PM
 16 Feb 2004
 Ontario
k&j
Guru
19,764
I just asked my DH this question as he is a realtor, and he said it isn't uncommon. His brokerage has done this in the past. He suggested finding out if the seller had her own inspection report, and if not, sell it for half of what you paid to have it done.
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 25 Apr 2012 12:59 PM
 16 Feb 2004
 Ontario
k&j
Guru
19,764
DH said if your contract read that it was in the sole discretion of the buyer, then legal action would be difficult for her to explore.
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 25 Apr 2012 12:59 PM
 20 Jun 2007
sunshine_gal
Fan
571
I wouldn't do it. Maybe I'm too cautious, but I wouldn't risk getting back an insignificant amount of money for the possibility it could come back to bite you.
SG
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 25 Apr 2012 1:05 PM
 24 Jan 2005
 Calgary
tojules
Raving Lunatic
11,202
I'm not sure I would give them to her after your additional post. She might try to sue saying that the inspection said the house was fine, it's your insurance company that's being ridiculous and you should be bound to the contract.

I didn't know the insurance companies could find out about past claims on a house like that???

You're in the US?
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 25 Apr 2012 1:11 PM
 24 Jan 2005
 Calgary
tojules
Raving Lunatic
11,202
That's kind of like CarFax for houses...interesting.

In your situation, I'd probably just not get back to her...ignore the call and let it go.
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 25 Apr 2012 4:38 PM
 2 Jan 2010
 Edmonton, AB
Jay Merryfield
Rookie
109
We just sold our house and asked one buyer who had the house inspected but pulled out afterwards for the report. They provided it. It's pretty common, from what I understand, and to back out of a deal that hasn't had all conditions removed is a) super common, b) not actually that hard to do, and c) only can be sued against IF the seller can prove that all conditions should have been removed, and then can only pursue you for more than your deposit if they can prove damages in excess of your deposit.

So, I personally wouldn't worry about giving it, but if you are genuinely concerned about your legal situation, talk to a lawyer. If they have a legitimate case to actually sue you for damages, they'll just pay the $500 or whatever it is for a house inspection themselves and get on with suing you and claim it back from you as part of their judgement.
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 25 Apr 2012 4:48 PM
 14 Mar 2009
T&C
Duchess of the Forum
20,838
When we did the home inspection on our house we signed an agreement that, if for whatever reason, we didn't purchase the house we would leave the report for the owners to use.

I'm not sure if that is standard procedure, but it's what we did.

For us, the point was moot because we did go through with the sale, but if we hadn't we would have left the report with the current owners.
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 25 Apr 2012 10:01 PM
 23 Jun 2007
 Tinseltown
Poulette
Postaholic
9,801
Thanks for all of your input, everyone.

Originally Posted By: omaki
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 26 Apr 2012 9:30 AM
 5 Jan 2005
 Kanata, ON
OldIrish
Rookie
133
Just to clarify, you are the owner of the report. She should not be able to 'get it directly from him' without your consent. She would have to hire him to do a new report.
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 26 Apr 2012 9:56 AM
 10 Feb 2004
 Russell (Ottawa area)
_April_
Postaholic
6,996
What a mess.

If I was the homeowner trying to sell, I would ask to buy the report from you as well.

Obviously, it was a very thorough investigation and I would want those details to fix the house once and for all for sale.

Maybe this isn't her intention, but it very well could be...
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 31 Oct 2012 11:59 PM
 30 Apr 2012
 buzzle.ca
buzzle
New Member
0

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