Does a buyer have to share a structural inspection with seller?

tlbean2004July 27, 2014

If a potential buyer of a house had an expensive inspection done by a structural engineer, do they have to share that report with the seller if they decide to pass on the home?

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linda117117

Depends on what state you are in. In my state, a buyer doesn't have to share the report and doesn't have to give a reason for passing on a house.

    Bookmark   July 27, 2014 at 8:41PM
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ncrealestateguy

The same here...

    Bookmark   July 28, 2014 at 1:09PM
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zippity1

i believe (not totally certain) that in my state (tx) the report has to be shared and the information has to be shared with the listing agent and the listing agent has to share it with any other potential buyer
someone please correct me if i'm wrong......

    Bookmark   July 28, 2014 at 3:26PM
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ncrealestateguy

I can not imagine how someone could force a buyer, who pays for the inspection, to hand the report over to the seller.
But, I have seen stranger things.

    Bookmark   July 28, 2014 at 6:31PM
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lucille

It does not sound right. If the seller had an inspection done, that would be different. A buyer has no duty to the seller or to subsequent buyers. A seller has a duty of disclosure to buyers.

    Bookmark   July 28, 2014 at 6:36PM
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nosoccermom

It depends on the state. In Wisconsin, the buyer has to provide the report if there was an inspection contingency, even if buyer does not request curing of defects.

On the other hand, if a seller or broker receives a buyer's inspection report, s/he has to disclose any defects to any subsequent buyers. In Texas, the very fact that you receive a report as a seller, even if you refuse to open it or if you disagree with it means that you are " charged with knowledge of the information in the report."

For that reason, many lawyers/agents recommend not to accept an inspection report that lists the defects.

    Bookmark   July 28, 2014 at 7:04PM
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sameboat

I would think not. We had an inspection done once on an old house and my husband politely excused the seller while the inspector was going through everything. If the seller wanted to pay us for half of the inspection we probably would have shared the report. We passed on the house. We are in MA.

    Bookmark   July 28, 2014 at 7:33PM
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jackfre

I'm with sameboat. If the seller wants access to the report they can pay the provider (buyer) enough to induce the buyer to share the report. The engineers report will typically become a negotiating point based upon its findings. I would think that a buyer would not incur the expense unless they were very interested in the property.

    Bookmark   July 30, 2014 at 12:00PM
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Allen456

If there was a contract, and the prospective purchaser used the results of the inspection report to back out, then they should share the results. Otherwise, what's to say they just didn't get cold feet?

    Bookmark   July 30, 2014 at 12:03PM
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nosoccermom

As I stated, it depends on the state. In some it is required, in others it is not. And in some cases, as a seller you may be better off not to know.

    Bookmark   July 30, 2014 at 3:39PM
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