Ethics around EICR

[South Spark]

A mate of mine is selling his place. The buyer commissioned an EICR back in October. At the last moment (just before exchange of contracts) the buyer's produced the EICR with it's "UNSATISFACTORY" verdict and attempted to knock the price down. The EICR is legit as far as I can see and the installation is potentially dangerous.

The question I've got is - what's the correct course of action if you're doing an EICR for a non occupier i.e landlord/buyer and you fjnd C1s and C2s? Are you under any moral (or legal) obligation to tell the current occupants ?

 

[Julie.]

If you do work for someone, there is an implied duty that the work you do and receive payment for is owned by the buyer.

You can't really give other people's property away - the information/report is theirs - they effectively own the intellectual property.

653.6 dictates that the report goes to the person ordering the inspection

 

[andyb]

Your contract is with whoever commissioned you to undertake the report. However any C1 should be made safe before leaving the property and I would definitely bring any temporary repair to the attention of tennent.

 

[loz2754]

Your contract is with whoever commissioned you to undertake the report. However any C1 should be made safe before leaving the property and I would definitely bring any temporary repair to the attention of tennent.

There is no mention of a tenant. If there is a tenant, then the person ordering the the EICR has to provide the tenant with a copy of the EICR within 28 days.

 

[Julie.]

There is no mention of a tenant. If there is a tenant, then the person ordering the the EICR has to provide the tenant with a copy of the EICR within 28 days.

Only if the person ordering the inspection is the landlord, and it falls within the requirements for the tenancy.

Someone takes a tenancy - the report must be provided, Someone has a report done in respect of house purchase, nothing to do with the tenant.

 

[andyb]

There is no mention of a tenant. If there is a tenant, then the person ordering the the EICR has to provide the tenant with a copy of the EICR within 28 days.

I was replying to this question Loz

'what's the correct course of action if you're doing an EICR for a non occupier i.e landlord/buyer and you fjnd C1s and C2s? Are you under any moral (or legal) obligation to tell the current occupants ?'

He mentions landlord. It's not a comment on his mate's situation.

 

[James]

an inspection and report is what the buyer asked for and what they got.
so no problems there.

In my opinion there is no legal or moral obligation to give a free copy to the current owner.
if the owner had asked the electrician to provide him with a copy then I suppose, the correct course of action would be to give him a quote for the same amount as the buyer had paid.

you could argue that there is little work to be done in preparing another copy, i would counter that with if you wanted to split the costs with the buyer and both have a copy then you should have worked together.

but if i was doing it, if the home owner was nice, and provided a friendly atmosphere and coffee etc. then i may well have mentioned verbally as i was doing the inspection a couple of things i had spotted on the way through.

 

[westward10]

He isn't asking whether the owner of the property should have a copy of the Report but whether any Code 1 or 2 items should be bought to the attention of the current occupier.

 

[SJD]

Given that the EICR is being produced at the 11th hour, it might even be that the buyer specifically asked the person carrying out the test & inspection NOT to mention any findings to the owner!

 

[FatAlan]

If I was selling a place and a potential buyer wanted an EICR done on their instruction and payment I would only consent on the condition that I had a copy of the report at the time it was done. I certainly expect anything that anything dangerous was reported to me ASAP in order to rectify and any other issues could then be factored into the price negotiation. I’d take exception to a last second ambush in order to get a price reduction. Easy to say, I know, as it depends on the amount of reduction being asked and how much the sale is needed, other parties in chain etc. Moral of story, get your own EICR done early days to save any surprises.

 

[westward10]

Given that the EICR is being produced at the 11th hour, it might even be that the buyer specifically asked the person carrying out the test & inspection NOT to mention any findings to the owner!

That would be given as the content of the Report is for the client but this doesn't answer the OPs question.

 

[James]

Legally there is no requirement to tell anyone other then the person ordering the work.

We have to decide on our own moral position

 

[brianmoooore]

Legally there is no requirement to tell anyone other then the person ordering the work

Even with any C1s that you can't deal with there and then?

 

[andyb]

Legally there is no requirement to tell anyone other then the person ordering the work.

We have to decide on our own moral position

Not sure about that James, if you found a C1 and did not inform the tenant, by way of an electrical danger notification, or temporary repair and informing the tenant, and then someone was hurt, I think you may well find yourself in court.

 

[brianmoooore]

Not sure about that James, if you found a C1 and did not inform the tenant, by way of an electrical danger notification, or temporary repair and informing the tenant, and then someone was hurt, I think you may well find yourself in court.

There is no tenant. It's current owner and prospective owner.

 

[James]

Not sure about that James, if you found a C1 and did not inform the tenant, by way of an electrical danger notification, or temporary repair and informing the tenant, and then someone was hurt, I think you may well find yourself in court.

Tough one to call
You didn’t create the problem, only found it.
Your legal duty is to inform the customer promply

What law would you be breaking?

Like I said, we all make our own morel decisions

 

[7029 dave]

If I was selling a place and a potential buyer wanted an EICR done on their instruction and payment I would only consent on the condition that I had a copy of the report at the time it was done. I certainly expect anything that anything dangerous was reported to me ASAP in order to rectify and any other issues could then be factored into the price negotiation. I’d take exception to a last second ambush in order to get a price reduction. Easy to say, I know, as it depends on the amount of reduction being asked and how much the sale is needed, other parties in chain etc. Moral of story, get your own EICR done early days to save any surprises.

Why, that means you get a free report on the back end of your potential buyer who's paid for the report.

 

[westward10]

Tough one to call
You didn’t create the problem, only found it.
Your legal duty is to inform the customer promply

What law would you be breaking?

Like I said, we all make our own morel decisions

If you find a serious Code 1 issue who do you give the written notice to, the owner of the property or your client who currently has nothing to do with the property.

 

[andyb]

There is no tenant. It's current owner and prospective owner.

I was answering a hypothetical question Brian, again I was not addressing any particular situation.

 

[littlespark]

I think the unethical one is the buyer bringing up any faults just to get the price knocked down late in the day.

most buyers are happy with a home report, or buyers survey, which don’t go into the details of whether any services are working.