I was called for a consultation of an inspection that was performed for a lady in the last week in July. It was like no one ever showed up. He missed everything. Water damage from poor landscaping, rotted siding, a porch that was attached to the roof that was rotted, mold looking spots on the sheet rock, rotted wood around the base boards, and cracks in the fire place walls. This was just in the first 15 minutes of being shown around the house. Next I find out he is also doing the mortgage, and after closing he sends a business card with the same name of the company but calling him self a contractor. What can I tell this lady to do. She closed on 8/1/2006 and still can not move into the house. Suggestions please. Thanks, Kerry
You can tell her to hire an attorney. . .
Really - no joke.
I spoke to my attorney who gave her 3 names. She has spent so much money trying to get the water diverted from the house she can’t put up the money for either of the 3 attorneys. No joke.
I am not sure what the disclosure laws are but I would bet there wasn’t much of a disclosure and with the “mortgage guy” doing the inspection, there seems to be a conflict of interests. Get the two realtors together and have them work it out.
Actually, it sounds like a double conflict…once with the non-disclosure of the mortgage relationship, and secondly, with his seeking repair work on a house he allegedly inspected. If she cannot afford a lawyer, I would at the very least suggest she contact the BBB, the licensing board if one exists, the secretary of state to see if he is incorporated and if so, see if there are complaint procedures… Obviously this so called ‘inspector/lender/repairman’ has no ethics, self imposed or otherwise, and should be exposed for what he truly is … a crook. I hope she finds it worthwhile to pursue - he should pay whatever consequence(s) he has coming. Also, she can see if she can find an attorney who would take it on a contingency, even a half decent attorney can get her some money back when he proves this guy violates all industry standards on this matter.
I had lunch with a closing attorney today and he suggested she go straight to the District Attorneys office in the county she bought the property. Supposedly the state attorney general is busting these mortgage people for fraud that are representing clients in more thanone capacity other than the mortgage. He is trying to represent 3 professions that he will gain monetarily from. I have given her all these suggestions, so I’ve all I know to do. Thanks for the help folks. Kerry
With all this visible damage and obvious conflicts - where was she while this was going on???
I’d consider going to a local TV station - their “investigative reporters” usually drool over getting a story like that. Maybe they could arrange the “contractor” to show up, giving estimates for the damage the “inspector” didn’t notice!
So what happens then? The media lumps us all in on big barrel and the next thing you know all our picture’s are on the wall of the post office.
Thats the best advice so far.
I am sorry if we have a bad apple then lets get it out in the open get the problem dealt with and move on Hiding and trying to ignore it could back fire and make us all look worse.
By us showing we care can only help all HIs every where .
Roy Cooke . Royshomeinspection.com
Point well taken, Thanks
I worked as an appraiser for CITI Mortgage and my area of responsibility was Georgia. Several times it was reported to me about the Mortgage fraud, and at one point Atlanta was considered and rightly labeled the Mortgage Fraud Capital of America.
The info to tell your client to contact the Attorney General for the state was what I was directed to do. I had a duplex that was built in 1929, the appraiser and the inspector put the age as if it were built in 2001. They both said that the duplex was knocked down to the original foundation and re-built from there up, but it was very apparent that they both lied to make the $99K property look like it was worth $250K.
Good Luck, and let’s get stop this guy from hurting our industry.
Golden Rule Home Inspections
She was told by her Real Estate agent she did not need to be at the inspection because she used him all the time and that was why the buyer hired him. Right now she is in a zombie zone. She talked to 3 lawyers who want a considerable amount of money up front. I’llsuggest the tv reporter, we have 2 who love this kind of stuff. I wish I could scream this companies name out to the public. I’m doing a home buyers seminar in two weeks and can’t wait to give this lesson on what to look for in an inspector. He really should not be the mortgage man and the contractor to fix things and the inspector all rolled into one package…
I am currently involved in a case were my clients used a realtor who sold them a house, recommended her husband contractor do the addition and renovations, only to screw up big time. That contractor is being sued and his wife became involved trying to get my clients to cough up the remaining money owed to her and her husband. I wanted my clients to go after the realtor in their lawsuit but the lawyer was full of excuses, so now my clients are contacting a new lawyer to pursue this matter further because the current lawyer doesn’t seem cooperative. The new contractor I put my clients in contact with to rectify the mess keeps finding big problems when he goest to correct items done by this realtors contractor husband. I don’t think the contractor stands a chance.