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surveyor's report: restrictions on use: why?

  • 13-01-2016 9:33am
    #1
    Closed Accounts Posts: 54 ✭✭✭ Dilisk


    From what I can make out, a surveyor's report (setting out the findings of a
    prepurchase survey) is often provided on condition that it not be given to
    third parties. Why is this?

    Is it because the surveyor wants to minimise the number of people who might
    sue him?

    Is it because he may lose business if the report happens to be shared among
    potential buyers?

    Is it because he is concerned about having his work critiqued?


Comments

  • Registered Users Posts: 3,518 ✭✭✭ gaius c


    Because he is paid to do this work by you and if you share the report with others, they will have received the benefits for free.


  • Registered Users Posts: 8,781 ✭✭✭ Carawaystick


    How is this different to me buying any good and giving it away?


  • Moderators, Society & Culture Moderators Posts: 30,978 Mod ✭✭✭✭ Gumbo


    Dilisk wrote: »
    From what I can make out, a surveyor's report (setting out the findings of a
    prepurchase survey) is often provided on condition that it not be given to
    third parties. Why is this?

    Is it because the surveyor wants to minimise the number of people who might
    sue him?

    Is it because he may lose business if the report happens to be shared among
    potential buyers?

    Is it because he is concerned about having his work critiqued?

    Copyright maybe?
    Its like an Architect doing drawings for me, but then I give them to another guy to put on his site.


  • Closed Accounts Posts: 54 ✭✭✭ Dilisk


    How is this different to me buying any good and giving it away?

    I expect that copyright law comes into play here. The surveyor
    owns the copyright in the report and therefore has the right to
    restrict its distribution.


  • Closed Accounts Posts: 54 ✭✭✭ Dilisk


    gaius c wrote: »
    Because he is paid to do this work by you and if you share the report with others, they will have received the benefits for free.

    Yes, I alluded to that possibility in my original post. But when would it
    happen in practice? It is surely very rare for potential buyers to share a
    surveyor's report.

    The only time when a report might be reused in this way would be if the
    client sold the property again within a few years, and used the surveyor's
    report as part of his marketing.

    There are two major scenarios where the client would would want to give the
    report to third parties. The first is when he wants to get the vendor to
    lower his price, because of defects discovered by the surveyor. The second
    is when he wants to give the report to a builder, so the builder can repair
    the defects. Therefore, the usefulness of the report is significantly
    reduced if one can't give it to third parties.


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  • Registered Users Posts: 8,781 ✭✭✭ Carawaystick


    Dilisk wrote: »
    I expect that copyright law comes into play here. The surveyor
    owns the copyright in the report and therefore has the right to
    restrict its distribution.

    Copyright can only prevent copying a report. I can give the paper it's on to anyone I like


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