BIC TIP #1179: Open the Inspection Report
Stephen Long is still the BIC in the Basement, and he is thinking about renaming the segment “Between Two Studs.” This tip is one every listing agent needs to hear. When the buyer agent emails you the home inspection report, whether you wanted it or not, you do not get to choose whether you open it. If it contains material facts, the duty is the same as always: discover and disclose.
The Email You Did Not Ask For
We have all been there. The buyer agent completes their due diligence, the buyer gets a home inspection, and then the report lands in your inbox. Maybe you asked for it, maybe you did not. Either way, it is now in your possession.
For years, some agents have treated that situation like a hot potato. Do not touch it, do not look at it, and maybe you will not have to deal with what is inside.
“I Never Opened It” Is Not a Defense
Stephen has heard all the claims. “I just will not open it.” “It is sitting there, but I never looked at it.” He is blunt about how that plays out: it is not going to be a defense that works out for you very well if you are investigated by the NC REC.
Willful blindness does not erase your knowledge. If information about material facts has been delivered to you, you are expected to deal with it.
Discover and Disclose Still Applies
The core duty never changes. If you are in receipt of any kind of disclosure or material fact, you have to open it. If that email contains material facts, you need to open it, discover them, and disclose them to all parties, including future buyers if the current deal falls through.
That can be uncomfortable for a seller who was hoping a problem would stay quiet. Have an honest conversation with your seller about what was found and what has to be disclosed, and loop in your broker-in-charge if there is any question about how to handle it.
The Practical Takeaway
When the inspection report hits your inbox, open it and read it. Identify any material facts, talk to your seller, and make sure those facts are disclosed going forward. Ignoring the report does not protect you. Handling it professionally does.
This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.
