Who is My Client When a Third Party is Paying for the Inspection

When a third party, such as a relative or real estate agent, is paying for an inspection, does this mean the third party is the client? Under TREC rules, the answer is no. Another person paying for the inspection on behalf of the client does not change who the inspector's client is for this transaction. The inspection report should be delivered to the client, regardless of who pays for the inspection.

TREC Rule 535.201(1) says the inspector's client is the buyer or the seller-including a prospective buyer or seller-of the subject property, and that the inspection is performed for the benefit of the client.

TREC Rule 535.227(a)(1) states these standards of practice apply when a licensed professional inspector or real estate inspector accepts employment to perform a real estate inspection for a prospective buyer or seller of real property.

According to TREC Rule 535.222(a), unless otherwise agreed in writing by the client, the inspector shall:

• Deliver the report to the client within two days of receipt of payment in full for the inspection; or
• If payment in full is received before the scheduled inspection, deliver the report to the client within two days of completion of the inspection.