The buyer’s inspector contacted the seller and stated that neither the seller nor the seller’s broker can provide a copy of the inspection report to another buyer who has not paid for the report. Is the seller or the seller’s broker ever prohibited from providing a copy of an inspection report to a subsequent purchaser?
A seller or seller’s broker would only be prohibited from sharing a copy of an inspection report with a subsequent buyer if the seller or seller’s broker signed an agreement prohibiting them from sharing the report. Most inspectors know that a buyer will use the inspection report to negotiate repairs in a transaction and that the buyer may need to provide a copy of the report to the seller. This is the nature of the industry that gives rise to the demand for the inspector’s business. Most inspectors do not require buyers to sign confidentiality agreements prohibiting the buyers from sharing the report with others. Even if an inspector has a buyer sign a confidentiality agreement that limits the buyer’s right to copy and distribute the report, that agreement is binding only upon the buyer and not upon any other person who may receive a copy of the report, such as the seller.