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Pest Report issue

10 years ago

Hi, selling my home here. Wonder what your thoughts are on this. I saw an ad for a free pest inspection and decided to try it 3 months ago. Wasn't selling then. So they did it and told me I wasn't allowed to use it if I was selling my house. I said ok.

So I decided to sell my home and had a different pest inspector do the inspection which I paid for. I knew what was coming up on it and it was pretty much identical but maybe a little worse. So fine.

The inspector that did the paid report answered Yes to a box that says "other tags posted". I assume this is the hit men report even though it's not referenced? So my agent asked me for that report. I sent it to him stating it was for his eyes only. He says he has to include it in our package to potential buyers. I have some problems with that.

1. Hitmen said I was not allowed to use it. They could sue me?

2. He actually included it with the package to buyers while I protested.

3. It's redundant and I'm not hiding anything and has scared off buyers imo. No offers after sending.

Am I stuck with 2 reports? Hit men states I'm not allowed to use the report but I am? Yikes. Help?

Comments (5)

  • 10 years ago

    I think you are going to have to pay for a release from the original pest inspector. In my state, and most other states, you can't waive a third party's right to privacy or privilege and neither can your realtor. This is one of those times that the realtor is simply trying to do their job but not understanding the nuances of the law.

    You must disclose all relevant information, but a pest inspection that found nothing different is not relevant, and even if it were you could not include it. You would have to disclose the findings without disclosing the report. You had a right to refuse the inspection and once you agreed to the inspection, you agreed to the terms. A change in your situation doesn't nullify that prior agreement. The easiest thing to do is to pay the original company their normal fee so that they will release the inspection.

  • 10 years ago

    That'd be cool if I could just include a note that stated there was a prior inspection that revealed the same information from such and such a date. Then state the report is available by request.

    I have the free report from a few months ago, I don't need it released. They said it wasn't complete anyway (that's why it was free) and they would need to come back for a fully comprehensive report.

  • 10 years ago

    I think I would insist that the realtor return the first free report. The second one is the full paid for report that is important. Tell realtor that first inspector stated you could be sued.

  • 10 years ago

    That'd be cool if I could just include a note that stated there was a prior inspection that revealed the same information from such and such a date. Then state the report is available by request.

    I have the free report from a few months ago, I don't need it released.

    .

    Let me be a bit more clear, different states have different rules about what is considered privileged or private information. Some states default that most work between a homeowner and a contractor is private (my state does this), other states note that these things are not private communications. However, every state that I know of allows any user to designate almost any communication (and certainly all business communications) as private. If the first pest inspector has invoked privacy then you can't share it with anyone else who is not specifically your legal agent. I doubt you are even allowed to show your realtor.

    The only way to overcome that is by obtaining a release of that invoked privacy. This is something that only they can do. You might even have to pay them to come do a full inspection to obtain the release.

    Now realistically I am not sure that anything appreciable will happen to you. Certainly if the new owner finds a long standing pest problem they will try to recover from everyone they can, and the pest company may be brought into the suit. But you have to get sued first. If the other pest inspector finds out that you are distributing their inspection they could sue you for the amount of the inspection, again they have to care enough to sue. In reality, they are probably indemnifying themselves against legal responsibility for the estimate and may not care what you do with it as long as it doesn't come back on them. But the technical answer is - you are not allowed to show it even if asked to see it.

    You might try calling them.

  • 10 years ago
    last modified: 10 years ago

    Wdi inspectors usually are required to put a sticker under your sink in kitchen , on cabinet wall with date of inspection and results. Look there. That's probably how 2nd inspector found it.