Steven L. Smith, Bellingham, WA Home Inspector (King of the House)

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Washington State Home Inspector Law -- Do You Know It?

I have, below, a sample of a test question that relates to home inspector laws in Washington state. See if you can get the answer correct, then I will have some explanatory comments below.

In Washington state, an inspector may NOT disclose information, without permission, to any party other than the _________ except for certain issues involving health and safety.

A. Referring real estate agent

B. Client

C. Seller's agent

D. Resident or owner of house being inspected

The answer is B. And, if agents are not aware of it, the inspector may not give a copy of the inspection report, or discuss it, with a real estate agent unless the client gives permission to do so. Many agents, as no surprise, expect that they will get a copy of the report. In the past, on a few occassions, the client has SPECIFICALLY told me that I may not share the report with his realtor. When that is the case, the inspector must do as the client says, even if the agent is preturbed.

As to the line about sharing information about health and safety issues, that is subjective but might involve hot water that is way too hot, a deck that might fall off the house, a major plumbing leak under the house. Decay on siding, an old furnace, a torn shingle on the roof are not likely to make that list.

Thanks for stopping by,

Steven L. Smith

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Comments

Thanks for sharing the information about inspection reports.  I believe that is the same as in our state.

Posted by Team Honeycutt (Allen Tate) about 2 years ago

Gas leaks is another one of those critical things that is on my list.

Posted by Charles Buell, Seattle Home Inspector (Charles Buell Inspections.com) about 2 years ago

Steve -

Same here in PA........I also get in trouble with agents from time-to-time.  Most are O.K. with it once they understand the law

Posted by Scott Coslett (National Property Inspections) about 2 years ago

Steve, I have a form, I now carry, that the client may sign to share the information from the inspection with me, their agent.
Is Sunday your day of rest?
Paul

Posted by Paul Henderson, Broker, RealtorĀ® Tacoma,Gig Harbor,DuPont,HartstenePointe (RE/MAX Professionals & Four Seasons Inc.) about 2 years ago

In Virginia all parties get the entire inspection report.  All agents, the lending bank, buyers and sellers.

I, of course, am obligated only to my client and they get the report.  But from there it is disseminated.

Posted by Jay Markanich - Northern VA Home Inspector (Jay Markanich Real Estate Inspections, LLC) about 2 years ago

Jay,

 

Here if the seller wants it, usually, the seller has to buy it from the buyer. The theory is that giving the report to the seller compromises the position of the buyer pretty seriously.

Posted by Steven L. Smith, Bellingham, Wa. Home Inspector (King of the House Home Inspection, Inc) about 2 years ago

Interesting.  If the buyer asks for a repair and the seller sees it as a problem item on the report how does that compromise the buyer's position?

Posted by Jay Markanich - Northern VA Home Inspector (Jay Markanich Real Estate Inspections, LLC) about 2 years ago

Jay,

There might be a misunderstanding here. The bottom line is that the buyer will justify repairs requested with a line or two, or a copy of a concern. But we are not allowed to, when Emailing a report, supply a copy to the seller as well. Being a negotiations, as in adversarial relationship, we inspectors do not "tip-off" the opposite side as to what we are saying in advance. Big issues will, obviously, be discussed but on the client's terms, not the seller calling up first and trying to argue something before the buyer has even read the report.

Posted by Steven L. Smith, Bellingham, Wa. Home Inspector (King of the House Home Inspection, Inc) about 2 years ago

I get it now Steve.  Here the buyer gets the report, and shares it with the selling agent.  They cook up an addendum and submit it to the listing agent, along with the required copy of the report.  Then the negotiations begin. 

It is interesting to see how processes vary from state to state.

Posted by Jay Markanich - Northern VA Home Inspector (Jay Markanich Real Estate Inspections, LLC) about 2 years ago

Jay,

Most of the time it works the same here. But, in theory, the client is the only one who gets it and does not have to share. Of course, by not doing so, the deal will probably go south.

Posted by Steven L. Smith, Bellingham, Wa. Home Inspector (King of the House Home Inspection, Inc) about 2 years ago

I can understand the law, but question why a client would want to keep the report a secret from his or her Realtor who should be considered an advocate and adviser. By the time of inspection if the buyer cannot trust the agent then there is a bigger problem.

Posted by Carol Culkin, Dutchess County (Century 21 Alliance Realty Group ) about 2 years ago

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