A common question we get from the listing agent of a property is if we can send them a copy of the report. The answer is not without express permission from the buyer.
The Buyer Owns The Report
The contract between IM Home Inspections and the client is just that, a contract. The home buyer is the only person on the contract. The home buyer is the one who pays for the report. So legally, only the buyer owns the report and is the only one entitled to have a copy. Most buyers want us to share the report with their agent. For this reason, we only send the report to the buyer and their agent.
The Residential Purchase Contract
In California, all residential purchases use the same Residential Purchase Contract, often called the RPA. Listing agents know in the RPA, that the seller and the seller’s agent have a right to receive the report. Listing agents often use this knowledge to get a copy of the report from the inspection company. So why can’t we send a copy to the listing agent?
This goes to the legal language of the RPA, Section 12 (D):
Buyer shall (ii) by the time specified in paragraph 3L(3) or 3 days after any receipt of any investigation report, whichever is later, give the Seller at no cost, complete copies of all such reports obtained by Buyer.
The contract is clear, it is the Buyer’s obligation to give copies of the report to the Seller, not the inspection company. Further, the Buyer legally has 3 days to have the report to themselves before having to give a copy. For IM Home Inspections to give a copy to the listing agent would violate the buyer’s rights to have 3 days to have the report to themselves. Giving the listing agent a copy would also circumvent the buyer’s obligations to review their reports and make decisions before giving a copy to the listing agent.
The Inspection Company and the RPA
The other aspect of the RPA Section 12 is the Home Inspection company does not sign the RPA or any paperwork between the buyer and seller. The Inspection company is therefore not bound by the RPA as the inspection company never signs the contract. So while the RPA does entitle the listing agent to a copy of the report, the inspection company is not bound by that contract, only the buyer is.
To stay legally compliant with the contract between the inspection company and the buyer, and to stay legally compliant with the RPA between the Buyer and Seller, we can not send a copy of the inspection report to the listing agent without permission from the Buyer or the Buyer’s agent. The Buyer solely must provide any copies of the inspection report to the Seller.
The other option for listing agents is to order a pre-listing inspection to understand the home ahead of time.
Book your inspection now by calling 818-2983405 or book online here.