Thursday, October 30, 2014

Does A Negative Home Inspection Report Need To Be Disclosed?

The listing agent has a duty of disclosure when it comes to a negative home inspection report. If a property comes back on the market due to a negative home inspection report the seller needs to disclose the issues. The Seller does not have to provide the home inspection report to the next buyer but does have the duty to update their property disclosure. If the home inspection report is in the listing agent’s possession and the next buyer asks for a copy, it can only be given if Seller agrees to have the listing agent provide it. The Seller, if they do not agree with the inspection findings should have a their own professional inspector perform a home inspection and provide it to the next buyer along with the findings from the first buyer’s inspection. There is no law or mandate that states the first inspection has to be given to the next buyer.
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
To be safe you should send over the Home Inspection Report.
the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
By adding the results to the Property Disclosure a Seller and Listing Agent may be accused of misstating the Inspectors findings by not writing verbatim. An agent should not be involved with telling a Seller how to fill out a Property Disclosure.  See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
While not specifically mandated by the Commission or the license law, providing a copy of the actual report (or at least  the pertinent pages) may be prudent. By doing so, the seller and listing agent can avoid an allegation that they misstated the inspector’s findings, thus reducing their risk of liability. Certainly the listing agent should obtain the seller’s consent before providing a copy of the report to the second buyer’s agent and should refer the seller to his own attorney for advice on this issue. – See more at: http://ohiorealtors.org/2014/03/24/home-inspection/#sthash.5397k6ZN.dpuf
Ritenour, P. (2014, March 24).
Legally speaking: Dealing with a negative home inspection report – see more at
. Retrieved from http://ohiorealtors.org/2014/03/24/home-inspection/
(Ritenour, 2014)

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