Q. I’m relisting a property after a failed inspection – can I share the full inspection report with subsequent buyers?
A. Probably not. While you may be obligated to disclose some of the information contained within the inspection report, the report may not be shared without the permission of the buyer who purchased that report. Chapter 93A states that it is an unfair or deceptive act if a person acting in trade or commerce “fails to disclose to a potential buyer or prospective buyer any fact, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction.” Failure to disclose any material defect of which you, as the Realtor®, are aware, exposes you to liability.