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Updated over 5 years ago on . Most recent reply

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Mike Richards
  • San Angelo, TX
2
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20
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Background check without written approval?

Mike Richards
  • San Angelo, TX
Posted

Newbie to rental business. I used one of the services for the application, credit report and background checks. It seems there are some holes in the information. Can I search the applicant's name in public records (court websites) without their written consent?  (I directed them to apply and pay the fee directly to the "service provider" so I don't personally have written consent.)

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Will Fraser
  • Real Estate Broker
  • Salt Lake City & Oklahoma City
2,320
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Will Fraser
  • Real Estate Broker
  • Salt Lake City & Oklahoma City
Replied

Hi @Mike Richards!  Welcome to the BP community and the value of the hoards that invest!

From my understanding public information is public, therefore using public information fill in the gaps should be A-OK!  If you started using other services that are not publicly available, there would seem to be a need for consent there.

For instance, want to search their SSN and check out some things related to it?  Not a publicly available facility, so would probably require consent to be done legally.  Want to see who filed suit against them in a court case that showed up on their background check?  In most places that would be publicly available on the court records site, so shouldn't need consent.

Good luck on the journey and I hope your pipeline fills with clients who are gratitude filled and drama free!

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