e070413 Identifying the client
Identifier: e070413
Date: 04/13/2007
Question
A real estate agent recently paid a fee for an inspection I performed. This was apparently a service she was providing for her clients. The buyers were not paying for the inspection. Is this a conflict of interest under 1.B, or 1.D of the Code? At the time of the inspection I had no idea who was actually paying until I asked for the payment.
Response
The committee finds no violation of the Code of Ethics. There is no evidence that payment is contingent upon specific inspection findings per 1.B of the Code, nor is there evidence that payment was being made by the real estate agent without agreement between the parties per 1.D of the Code. However, the inspector has specific responsibilities to his or her client, especially with regard to disclosure of inspection results per 2.C. This requires clear understanding and agreement as to which party is the client.