Special offer

You thought that piece of information was private? Think again!

By
Real Estate Agent with Roy Wheeler Realty Co.

I started this post with the intention of writing about CLUE reports, and I will be writing about CLUE, but I will also be writing about much more than CLUE.  As I started researching CLUE reports, I discovered a whole lot about a lot of “special reports” that are all about me (and you!).

clue reports, risk managementFirst, what is CLUE?  CLUE is the Comprehensive Loss Underwriting Exchange; it tracks insurance-claim histories of both people and properties.  Let me say that again… A CLUE report is made up of information about insurance claims that you have personally made (car or home), and there is also a CLUE report which is made of information about insurance claims made on your insured property, i.e. your house.  Before we discuss your personal CLUE report, let’s talk about the CLUE report for your house and the report for the house you might like to buy.

I just pulled the CLUE report for my own house and I am a little disappointed to see the $7000 claim which my husband and I filed 4 years -11 months ago years ago.  We had been in away, working on some family business, and we arrived home late that Sunday evening to find part of the living room ceiling caving in and a swampy mess in our bedroom.  Apparently, when the house was built, the plumber failed to change the fittings under the sink after the final plumbing inspection was completed.  This meant that two non-cooperative metals were together for 15 years and finally the fitting corroded, the pipe broke, the water poured out, and we had a mess on our hands.  We had the other bathrooms checked, and, indeed, the other upstairs bath plumbing was an accident waiting to happen.  We corrected it, of course, and all was well.  Except…

This claim for damage, particularly water damage, might impact our ability to get affordable insurance if we needed to change insurers.  More importantly, it could impact our ability to sell our home.  

It’s time we agents, representing buyers, make it a part of our contracts that the seller provides a CLUE report for the property and that the contract will be contingent on approval by the buyers’ insurance company.  Insurance companies cannot require the CLUE report for a property until after settlement.  However, they have structured their agreement with clients to allow them to change the terms of the insurance policy immediately, if the CLUE report shows significant claim activity, either increasing the rate (possibly beyond what the buyer can afford) or cancelling the coverage altogether.  The terms of a buyer’s mortgage insist that the property will be insured, so failure to find suitable insurance could potentially result in foreclosure.  What a mess.  (Read about this in depth, including a couple of horror stories,  at the Bankrate.com article, New Warning for Buyers: Get a CLUE, written by Paul Bannister.)

Now for the rest of the story….

From Privacy Rights Clearinghourse, What You Should Know about "Specialty" Reports, you can learn all about the special reports that are available to employers, insurers, landlords:

“Will you be a good employee?  
Are you likely to wreck your car?
  Is your checking account frequently overdrawn?
  Are you in poor health?
  Will you default on your mortgage?
  Does your home have water damage?
  Will you trash the apartment or vacate with rent unpaid?

These are some of the unspoken questions asked by employers, landlords, creditors, insurers and banks as you – the consumer – make your way through the normal affairs of adult life. To the company that may give you a job, write an insurance policy, or rent you an apartment, you represent a risk – the unknown – and companies feel a need to assess their “risk” in dealing with you. Of course, you won’t be asked these questions outright, but those who want to rate your “risk level” are turning more than ever to specialized “consumer reports” to find out more about you.

…..

Companies that compile reports on consumers for other than credit have been designated by Congress as “nationwide specialty consumer reporting agencies.” These agencies compile reports about much more than just your credit history. Here are a few examples of the types of reports that they compile:

Medical conditions (for example, the Medical Information Bureau (MIB) report)
Residential or tenant history and evictions (for example, RentBureau)
Check writing history (for example, ChexSystems)
Employment background checks (for example, LexisNexis Screening Solutions)
Homeowner and auto insurance claims (for example, CLUE reports)"


I am not looking for a new job, I haven’t written bad checks, and I don’t believe my medical history would concern anyone, but I still want to know what all of these various reports have to say about me.  Every person is entitled to these reports annually, for free.  Lexis-Nexis collects a lot of this information and offers many of these reports. Learn more about your Full File Disclosure Report here.  (You will need to register at the site.)  Others, you can find at the links above.

It’s important that you know the information in these reports.  You have rights, and you should make sure that the information is accurate.  The gatherers of information, as well as the reporting agencies, are required under terms of the FCRA (Fair Credit Reporting Act) and the Fair and Accurate Credit Transaction Act (FACTA) to correct any information that is incorrectly reported.

Comments(77)

Tom Waite
Thomas Waite Real Estate Broker - Cypress, CA
So Cal-Apartment Bldg Investments

Well, this is horrifying!

Just when I thought it was SAFE to go out of the office...

Your blog arrived!

Thanks.

Jan 08, 2011 06:51 AM
Mary Sheridan
Keller Willliams - 1033 Hamilton Place,Johnson City TN 37604 - Johnson City, TN
Creative Marketing, Buyer Agency 423-943-7655

 Thank you for Clueing us in.   I knew this but have never had a problem so have got negligent about it.  It's good to be reminded, and I'll certainly share this with my office.   I learn something every day.

Jan 08, 2011 07:29 AM
Jan Stevens
Coldwell Banker Pittsburgh - Cranberry Township, PA

Wow. Had no idea. I knew claims history could affect the ability to get homeowners' insurance, but that was it. Very informative. Thank you so much.

Jan 08, 2011 07:35 AM
Julie Babcock -Nook & Cranny Home Inspections
Nook & Cranny Home Inspections Tonawanda, NY - Tonawanda, NY

Oh. my. gosh.  Seriously?  Medical conditions???  My first career was in healthcare.  HIPPA makes it illegal to discuss someone's health with their own family member unless they have given their permission, and yet anybody can pull a medical report on them?  That's ridiculous.  (I'm not saying it's not true, I'm saying it's ridiculous)

Jan 08, 2011 09:36 AM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Holly ma- lolly!   That's an incredible gathering of information.  I had heard about the water damage history on a home, but not all of the rest!   I did not know that you could research a renter beyond his credit report, for example.   Definitely bookmarked..

Jan 08, 2011 09:38 AM
Mike Henderson
Your complete source for buying HUD homes - Littleton, CO
HUD Home Hub - 303-949-5848

I'm adding a get CLUE report to my resolutions this year.

 

Jan 08, 2011 09:57 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I knew about the insurance side of these reports.  I had no idea about the rest of it.  It seems someone could get sued over a lot of this.

Jan 08, 2011 11:26 AM
Ronald S. Accornero
OC Signature Properties - Villa Park, CA

Thanks for your very informative blog.  And yes, I will order a clue report on the next house I sell or buy for my client.  There is some very good information to be found.  insurance companies here are really getting picky about which homes they will insure.

Jan 08, 2011 11:34 AM
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Virginia,

I've known about the CLUE report and it is something I put on my contracts most of the time but didn't realize about the other Specialty Reports.  Thanks so much for the heads up!  I'd be afraid to look at my medical one!!!!  It would be more like a book.

Jan 08, 2011 03:07 PM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

The proceeding information concerning CLUE was extracted from www.privacyrights.org. The CLUE Report has information about you and your properties, auto, home for the previous 5 years, so if you had no experience in any claims during that period your CLUE Report should not adversely affect you.

The right to a free CLUE report every 12 months became effective December 1, 2004, as a result of amendments to the FCRA, known as the FACT Act. Even if you have received a free report because of an adverse action, discussed above, you still have the right to receive a free report under the FACT Act. For more on your right to CLUE and other specialty reports, see PRC Fact Sheet 6b, The Other Consumer Reports: What You Should Know about Specialty Reports, www.privacyrights.org/fs/fs6b-SpecReports.htm.

For information on how to get your free claims history or CLUE report from LexisNexis, see www.lexisnexis.com/risk/factact/ or call (866) 312-8076.

For information on how to order your free A-Plus Report from ISO, see www.iso.com/products/2500/prod2562.html or call (800) 627-3487.

Keep in mind that insurance decisions may also be based on your credit history. Note: The FACT Act only entitles you to a free copy of your claims report, not your insurance score. For this reason, it is a good idea to exercise your right to free credit reports as well. As of September 1, 2005, consumers in all parts of the country are entitled to one free credit report from each of the three national credit bureaus.

For more on ordering your free credit reports, see PRC Fact Sheet 1, Privacy Survival Guide: How to Take Control of Your Personal Information,www.privacyrights.org/fs/fs1-surv.htm. See also the FTC's guide to free annual credit reports, www.ftc.gov/bcp/edu/pubs/consumer/credit/cre34.shtm.

Regardless, if you represent a seller or buyer, you should always ask if any claims were made in the previous 5 years, especially if a claim for water damage was reported and if a mold inspection was completed to protect your clients from any legal consequences.

Jan 08, 2011 07:07 PM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

Paul, that an interesting thought.  We have to hope our good inspectors discover shoddy DIY repairs.

Marshall, I couldn't agree more.

Hahaha, Tom!

lol. Mary, those puns keep coming...

Hi Julie, they could not pull it willy-nilly, but when you make applications for these various things, employment and insurance, the fine print asks your permission to review these reports

It's a matter of law, Gene, and, as I mentioned to Julie above, we give employers, banks, insurers the right to pull these reports when we apply for their products and services

Hi Kimo, I agree that that is possibly the best resource.

Jan 08, 2011 10:30 PM
Jamie King
Hoty Enterprises, Inc. - Huron, OH
Sandusky, OH

WOW! Extremely interesting and insightful. Thank you for sharing this information.

Jan 09, 2011 01:21 AM
Sandy McAlpine
RE/MAX EXECUTIVE - Cornelius, NC
Search Lake Norman Homes For Sale - Lake Norman NC

Unbelievable what is published out there for anyone who will pay for it. I just saw a website where this information, relationship, buying habits and more is publishing about people

Jan 09, 2011 07:46 AM
Anonymous
Pam Engle

Thanks so much for the great information, Virginia.  I had heard about CLUE report but had forgotten what it was!  Personally, I find the specialty reports just a little scary!  Too much like Big Brother is watching!

Jan 09, 2011 01:45 PM
#75
Ann Wilkins
Golden Gate Sotheby's International Realty - Oakland, CA
Oakland, Berkeley, Piedmont CA

Very interesting information Virginia.  Considering how much mis-information is out there, I will definitely pull my reports to confirm that they are correct.

Jan 09, 2011 05:42 PM
Marie Graham
Owner, The Refreshed Home White Plains NY - White Plains, NY
Westchester County Interior Decorator, Home Stager

WOW, and yes, thank you for taking the time to putall the info together.

Jan 10, 2011 01:17 AM
Virginia Gardner
Roy Wheeler Realty Co. - Charlottesville, VA
Realtor, Charlottesville, Serving Central Virginia

I agree, Ann, I think the possibility of finding mis-information in our reports is high.

Jan 10, 2011 02:32 AM
Brent Diebert
Heartland Bank - Worthington, OH
A Community Lender, Where Family’s Come First

What a great post.  Thanks for sharing

Jan 10, 2011 03:46 AM
Anonymous
Susan Ani

The widely used pre-print purchase contract in the Chicagoland area does include a contingency for the buyer to be able to obtain HO-3 insurance on the property within 10 days of contract acceptance.  I always explain the importance of this contingency to my buyers, and urge them to make a quick phone call to their favorite insurance agent to ensure their ability to buy coverage for the home they are purchasing.  Sooooo important.  Thanks for pointing this out to ActiveRain readers!

Jan 10, 2011 08:16 AM
#84
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

 

Maybe not as good as a CLUE report but a statement by the seller in the contract that they have made no claims or inquiries and are not aware of any claims or inquiries  may offer some protection.  A false statement, I believe, will survive closing and a loss to the buyer because of it may be recoverable.  Talk to your attorney for details. 

 

Feb 12, 2011 02:21 AM