DP1

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP1

Should Engineer A have withheld the inspection report from the real estate firm, or was transmitting a carbon copy to the sellers' representative an ethically permissible professional practice?

Engineer A completed a home inspection report commissioned and paid for by a prospective purchaser couple, then submitted a carbon copy of that report to the real estate firm representing the sellers — without obtaining the clients' prior consent. The clients objected that this disclosure prejudiced their bargaining position in an active purchase negotiation. The core question is whether Engineer A's transmission of the report to the sellers' representative constituted unethical conduct under the NSPE Code's faithful agent and client proprietary rights provisions.

Deliver the completed inspection report exclusively to the client couple, refraining from transmitting any copy to the real estate firm or any other party not a party to the inspection services agreement, unless and until the clients provide express authorization.

Transmit a carbon copy of the completed report to the real estate firm as a matter of professional transparency and routine practice, on the basis that all parties to a real estate transaction benefit from accurate information about the property's condition.

Before finalizing and delivering the report, ask the client couple whether they consent to a copy being provided to the real estate firm, proceeding with transmission only if express authorization is granted.

Engineer A