The Money Pit
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Home Inspection Report: Who owns it? Who gets to see it?
sstadler58 asks,
Our house is on the market. Last week a home inspection took place. Later the buyer backed out, but before we received a copy of the inspection report. Our realtor says that if we request a copy of that inspection report now, we are then obligated to share it with other buyers. Is that correct, or if we get the report, can we then retain it for our own information and use only? Thank you.
<p>This is a legal question and I’m not a lawyer — but now that that’s out of the way, in my 20+ years of experience as a home inspector, it’s always been my understanding that the home inspection report is the property of the client that paid for it, which in your case is the home buyer. Most real estate contracts do require however that if the buyer wants anything fixed, or chooses to back out as the result of that report, then the <a href="https://www.moneypit.com/home-inspection-tips-sellers/" target="_blank" rel="noopener">seller must be given the inspection report</a>.</p>
<p>Now, as for your knowledge of it – the bigger issue is your knowledge of any defects. If you know something is broken or damaged and don’t disclose it, that would be fraud, in which case not selling your house will be the least of your worries. I’d recommend you get the report, review it and then take action to fix anything that needs repair. THEN, hire your own home inspector to be sure everything has been addressed (different inspectors can find different issues, based on a wide range of reasons). Make sure whoever you hire is a member of The<a href="http://ashi.org/" target="_blank" rel="noopener"> American Society of Home Inspectors</a>, your best source to find a qualified pro.</p>
This is a legal question and I'm not a lawyer — but now that that's out of the way, in my 20+ years of experience as a home inspector, its always been my understanding that the home inspection report is the property of the client that paid for it, which in your case is the home buyer. Most real estate contracts do require however that if the buyer wants anything fixed, or chooses to back out as the result of that report, then it must be given to the home seller.
Now, as for your knowledge of it – the bigger issue is your knowledge of any defects. If you know something is broken or damaged and don't disclose it, that would be fraud, in which case not selling your house will be the least of your worries. I'd recommend you get the report, review it and then take action to fix anything that needs repair. THEN, hire your own home inspector to be sure everything has been addressed (different inspectors can find different issues, based on a wide range of reasons). Make sure whoever you hire is a member of The American Society of Home Inspectors, your best source to find a qualified pro.
Hope this helps!