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Old 01-04-2018, 01:29 PM
 
1,528 posts, read 1,588,852 times
Reputation: 2062

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Quote:
Originally Posted by BoBromhal View Post
whatever you just posted, the topic was about "does this inspection suck?" until someone decided to make it about copyright law.
I would say that it's an adjacent topic.

And it wouldn't have gone on past a couple of posts if everyone didn't try to turn into an expert and spout out all kinds of reckless, misleading and wrong information.
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Old 01-04-2018, 01:31 PM
 
Location: Cary, NC
43,284 posts, read 77,115,925 times
Reputation: 45647
Dang, but if I keep giggling, ain't no way I will get a nap.

I always get a nap on a snow day.
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Old 01-04-2018, 01:40 PM
 
Location: Columbia, SC
10,965 posts, read 21,985,795 times
Reputation: 10680
Quote:
Originally Posted by just_because View Post
I would say that it's an adjacent topic....
Admittedly, I don't usually read your posts and I quit reading again when you started blathering on about copyrights so maybe I missed the relevancy. How do you figure copyright laws is an adjacent topic to the quality of a home inspection?
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Old 01-04-2018, 01:44 PM
 
1,022 posts, read 739,317 times
Reputation: 1909
Quote:
Originally Posted by BoBromhal View Post
whatever you just posted, the topic was about "does this inspection suck?" until someone decided to make it about copyright law.
I thought the topic was 'Home Inspector commentary on report'.

As far as this copyright stuff goes, My reports are for the clients eyes only. If anybody else decides to use that report for any reason they are opening themselves up to liabilities which they have no defense.

Be careful......

If you want to find a good home inspector, 1st read his disclosures. You might not like what you read in the disclosure, but you can pretty much sum up his ethics and abilities.
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Old 01-04-2018, 01:49 PM
 
Location: Cary, NC
43,284 posts, read 77,115,925 times
Reputation: 45647
Quote:
Originally Posted by movedintime View Post
I thought the topic was 'Home Inspector commentary on report'.

As far as this copyright stuff goes, My reports are for the clients eyes only. If anybody else decides to use that report for any reason they are opening themselves up to liabilities which they have no defense.

Be careful......

If you want to find a good home inspector, 1st read his disclosures. You might not like what you read in the disclosure, but you can pretty much sum up his ethics and abilities.
So...
You copyright your reports?
Do you have an example of a court assessing damages on a person who forwards them to a third party, or damages assessed to any subsequent party for infringement of copyright?

It is a request I have made twice in the thread, without anyone stepping forward.

IF you aren't talking about copyright, can you give a real world instance of the liabilities you mention?
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Old 01-04-2018, 02:03 PM
 
1,022 posts, read 739,317 times
Reputation: 1909
Quote:
Originally Posted by MikeJaquish View Post
So...
You copyright your reports?
Do you have an example of a court assessing damages on a person who forwards them to a third party, or damages assessed to any subsequent party for infringement of copyright?

It is a request I have made twice in the thread, without anyone stepping forward.

IF you aren't talking about copyright, can you give a real world instance of the liabilities you mention?
Ah shoot, you know, I'm not real good at splitting hairs and battling verbiage. If you're speaking about an inspector taking every report to the proper authorities, filling out paperwork and paying whatever fee is needed like an author of a book. NO, not going to do that.

An inspection report and the contract is a contract. In that contract it states ' for client use only' .

If I sign a contract with you and fail too perform as agreed. I think you have your answer.

No, I don't have an example / of a court assessing damages on a person who forwards them to a third party, or damages assessed to any subsequent party for infringement of copyright?

But for a small fee, we discuss any work you would like me to / inspect records, research using my time instead of yours and I would be glad to show you. It too would be 'for your eyes only'
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Old 01-04-2018, 02:07 PM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038
Quote:
Originally Posted by just_because View Post
I do congratulate you (seriously) for not jumping up and trying to say with authority how copyright works when you clearly know nothing like so many others have. Like "the buyer owns the copyright". ....snip.... this wouldn't have become such a circus if everyone acted like you did.
Don't misquote me, J_B... I didn't say "the client owns the copyright". I don't talk about these reports in terms of copyright. I said "the client owns the report". And that's a little bit different thing. And what would you do if we really did shut the circus down?

Quote:
It's a common pattern. Someone (often me) says something. Everyone says "you're wrong" and starts to argue -snip- Blah Blah.

Their arguments are all proven wrong and then they start to try new arguments ...
You haven't proved ANYTHING wrong. FWIW, you typing a bunch of your opinion doesn't make it so.


Quote:
Honestly, any client with half a brain hates to be BS'd.
Yes.

Quote:
I worry about some people.
I do too. I lay awake at night sometimes worrying about people.

Quote:
Back to the topic at hand...

No c2017? No little copyright 2018?
Nope. None on the report I just looked at.

I had a clarifying conversation with the inspector last week, to make sure I understood exactly what to ask for in terms of repairs, to correct an issue he'd found. Told him it was better if the explanation came directly from him, not me. It was pretty clear I was going to be copying his report to send to the seller's broker. He actually clarified the verbiage and amended the report so I could forward that on.

This whole issue you've created here is a tempest in a teapot, IMHO.
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Old 01-04-2018, 02:09 PM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038
Quote:
Originally Posted by movedintime View Post
Ah shoot, you know, I'm not real good at splitting hairs and battling verbiage. If you're speaking about an inspector taking every report to the proper authorities, filling out paperwork and paying whatever fee is needed like an author of a book. NO, not going to do that.

An inspection report and the contract is a contract. In that contract it states ' for client use only' .
Hi - Is part of that use that you expect, that the client will send copies of the report, in full or in part, to the other brokers in the transaction and the seller?
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Old 01-04-2018, 02:10 PM
 
Location: Cary, NC
43,284 posts, read 77,115,925 times
Reputation: 45647
Quote:
Originally Posted by movedintime View Post
Ah shoot, you know, I'm not real good at splitting hairs and battling verbiage. If you're speaking about an inspector taking every report to the proper authorities, filling out paperwork and paying whatever fee is needed like an author of a book. NO, not going to do that.

An inspection report and the contract is a contract. In that contract it states ' for client use only' .

If I sign a contract with you and fail too perform as agreed. I think you have your answer.

No, I don't have an example / of a court assessing damages on a person who forwards them to a third party, or damages assessed to any subsequent party for infringement of copyright?

But for a small fee, we discuss any work you would like me to / inspect records, research using my time instead of yours and I would be glad to show you. It too would be 'for your eyes only'
Thanks for clarifying.
No copyright.

Can you post contract verbiage you use to control further dissemination of a report?
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Old 01-04-2018, 02:30 PM
 
Location: DFW
40,951 posts, read 49,189,517 times
Reputation: 55008
Quote:
Originally Posted by just_because View Post
'If there has been no changes'. That's a good one. Who determines that the condition of the home has not changed since that 'old' inspection report?
Inspection reports are seldom reused by other Buyers. They could be passed on if applicable to other parties like the Seller. We might share an old Inspection with a new BUyer if they requests to see it.

As a matter of fact our Texas Sellers Disclosure ask if Seller has any Inspections Reports within the last 4 years. If so they are to attach them to the disclosure. The State of Texas has created that Disclosure and request for the old Inspection Report. This does not stop the Buyer from getting a new Inspection and would be encouraged.

The other parties (Like the seller or Buyer 2 years down the road) would have no claim to Liability by the Inspector if he missed an item. In TX, A Survey is commonly reused. There can be no Liability claim by a 2nd party if the Surveyor did not do the Survey for that person.

You really have no idea what you're talking about but great at jumping to conclusions.
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