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Who has a right to the inspection information?

Illinois is very specific about who has a right to the inspection information. In Illinois, the inspection report is confidential. The only person to whom the Home Inspector can disclose inspection results is the client of the Home Inspector. The client has to give permission to the inspector to allow an inspector to release information to anyone else. The only time an Inspector can release information without breaking the law is if there is an imminent danger to the occupants.

I have read some posts from realtors where they describe that they like that everyone involved gets a copy of the report. I am wondering how other states deal with this issue, if at all.

If the Home inspector violates any part of the home inspector laws, they will have disciplinary action take n against them by the state. This includes a suspension, $10,000 fine, and/or loss of license or other action as deemed by the state.

Posted by Michael Merino-Orland Park Ill Home Inspector on 10/01/2008 10:22 AM

Comments (10)

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10 Comments on Who has a right to the inspection information?

OCT

2008

You know, I am not sure what the exact "law" is regarding who gets copies. However, it is customary for everyone in the transaction to get a copy. We send a copy to the listing agent and seller to see the report and maybe clarify any questions, also any defects have now become "material defects" that a seller would have to disclose to the next purchaser if anything happened to the contract? That is how we do it in Maryland.

I would be interested if Maryland addresses this issue.

the person that pays for the report owns the inforamtion. It can be shared with the seller's agent or the seller's with the permission of the buyer.

In South Carolina to the best of my knowledge the home inspection report belongs to whoever hires the inspector. Typically it is the buyer.

The issue is that the inspector's client has paid for the inspection, owns the report and has strict control of possesion although it is customary for everyone in the transaction to get a copy. There are no apparent reasons that the inspector's client would not let their agent see the report but permission from the buyer [assuming the inspection was done for the buyer], is needed for the sellers agent and attornies for either side to recieve a copy.

In MD and VA, if the buyer is seeking repairs pursuant to a home inspection, the contract states that they will receive a copy of the home inspection.

You can't expect to verify defects without the home inspection report.

Lenn,

Which contract states the seller will receive a copy of the report? Is it the home inspection contract or the real estate contract?

Just to be clear. Is anyone suggesting that the law should be or is ignored?

As I assume Lenn has stated, the real estate contract states that the seller will receive a copy. This would be acceptable in Illinois because the buyer is signing the contract giving permission to release the information. But, if your state holds the results as confidential between inspector and client; you wouldn't expect the inspector to release the information and ignore the law?

I have a video on my YouTube channel called "Finding a Great Home Inspector". Maybe it will help some people out there:

http://www.youtube.com/watch?v=0pfAaEWBzYo

Good tips Ilyce, except there is a huge debate in the Home Inspector industry as to whether agents should refer inspectors or not refer. Many inspectors feel that it has the appearance of a conflict of interest. Even though there may not be a conflict, the appearance of the conflict is enough to cause debate.

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