Copy of EC

I would respond that I would release a copy as soon as they had the former owner (my client) contact me to authorize the release. Ball's in their court.

I would say no. If she wants the old one, she can get it from the previous client. Nothing good for you can come from her using the old certificate. Maybe lowest mechanical equipment is lower now. Maybe flood vents changed or removed. Maybe any number of things...

I'd recommend charging a reasonable rate (50 to 75% of going rate) to check things out with a field visit and a new cert.

She may complain, but honestly, I think in the end it builds respect for your profession and business.

Someone is not willing to accept the last EC and are requiring a new inspection and check on site of the present situation.

That would cause you to go there and check your elevations and to see if all is the same and to adjust accordingly and file a new report.

That is not a freebee, I would charge the same as the first trip.

Making her happy is not your problem. Making money with minimal liability is your problem.

If the going rate is $1,200 then that's the rate they will fork over for it.

If they need it that day they probably don't have much time to shop around.

They need a certificate and you need a nice steak dinner.

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Rich., post: 422887, member: 10450 wrote: If the going rate is $1,200 then that's the rate they will fork over for it.

If they need it that day they probably don't have much time to shop around.

They need a certificate and you need a nice steak dinner.

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With 1,200 clams, you can afford lobstah.

I wouldnt be concerned that conditions had changed. The form is dated when you did the work. If the client was ok with it I would email a scan. Mine are all stored that way and it wouldnt take long. Have them do any leg work like finding the client.
A little good will can make a name for you. A lot of good will can bankrupt you. Find the sweet spot and live there..
My .02

Jim Frame, post: 421291, member: 10 wrote: I would respond that I would release a copy as soon as they had the former owner (my client) contact me to authorize the release. Ball's in their court.

You do not own the document? I own mine.

I like when attorney clients pick up on this and wants the ownership. I offer them the liability as well...

spledeus, post: 423208, member: 3579 wrote: You do not own the document? I own mine.

I didn't address ownership, but rather professional discretion. Providing a copy of an EC prepared for one party to an unrelated third party would disclose information that could be considered confidential absent an express release by the original client. I'd have to have a good reason to do that, and a few bucks doesn't qualify as a good reason in my book.

Interesting, but I do not believe this is priveledged information. This is a question of fact.

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spledeus, post: 423217, member: 3579 wrote: I do not believe this is priveledged information. This is a question of fact.

There are lots of facts that are discoverable if one knows where to look, but a client might not appreciate me disclosing to a third party that he/she has or had an interest in a parcel. For me it's common courtesy to get permission before passing such information along, and it builds trust in the client relationship. YMMV.

Jim Frame, post: 423254, member: 10 wrote: There are lots of facts that are discoverable if one knows where to look, but a client might not appreciate me disclosing to a third party that he/she has or had an interest in a parcel. For me it's common courtesy to get permission before passing such information along, and it builds trust in the client relationship. YMMV.

What if the developer does not have an interest in the condo any longer?

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spledeus, post: 423279, member: 3579 wrote: What if the developer does not have an interest in the condo any longer?

What if he doesn't care to have third parties know what he's bought and sold?

The conveyance is a matter of public record and would not be privileged information provided it is complete and recorded.

Even the EC is likely a matter of public record if it is submitted to the building department for a building permit. In this area, they just started that requirement but it is logical enough.

So, given the reputation of some developers, IF a developer were attempting to conceal flood plain issues with a pending sale and IF the buyers came to you to obtain a copy of the EC and IF you stated that you could not produce it without the developer's written authorization and IF the developer said NO: Would you be safeguarding the Health, Safety and Welfare of the Public or would you be protecting the interests of a developer? (One of the lighter forms of advocacy)

The conveyance is a matter of public record and would not be privileged information provided it is complete and recorded.

Again, I'm not talking about legal obligations, I'm talking about client relationships and professional discretion. My practice is to obtain permission from my client before releasing a copy of work performed for him or her to a third party.

Going back to the original question, my response was mostly a polite way to tell the caller to bugger off.

spledeus, post: 423322, member: 3579 wrote: Would you be safeguarding the Health, Safety and Welfare of the Public or would you be protecting the interests of a developer.

I've heard on this site so many times I can't even count about how we are "protecting and serving the public". I don't ever remember getting a check signed from the "public". I know state licensure boards have this type of language in their statues and it may feel good to believe we are working for the benefit of the greater humanity, but in reality we are working for individual clients who are paying the bill. No one automatically has a god given "right" to our services or work product

thebionicman, post: 422900, member: 8136 wrote: I wouldnt be concerned that conditions had changed. The form is dated when you did the work. If the client was ok with it I would email a scan. Mine are all stored that way and it wouldnt take long. Have them do any leg work like finding the client.
A little good will can make a name for you. A lot of good will can bankrupt you. Find the sweet spot and live there..
My .02

I don't agree with sending a copy, but I love your comment about too much good will.

Nope! I don not give out information that is not current. If they get it from somewhere else, that's none of my business. If it comes out of my office, it's updated and paid for. That goes for maps too.
I don't care if it's the owner asking for a copy. They got them when I did the work.

Oh, I am not saying that I would make a new client not pay for the services. I am just making the reasonable distinction that the work product is mine and I can resell it to whomever I desire with or without the permission of the former property owner. In most cases, the seller sends the buyer to me for the information to expedite the sale.

Now if the client told me something in confidence, I would hold that information as confidential. Facts are generally not privileged information, especially if those facts can be recreated by others.