Hello,
I received a complain from a client in attorneys letterhead about a Mobile Home Inspection i have done in October 8th of 2019.
His complain is about the termite infestation. I need help from the forum. if any of you can help.
Thank you,
Md Uddin
Local Home Inspection LLC
863-513-9426
Is a termite inspection part of your service? In GA you have to be licensed.
I assume you disclaim WDO in your PIA since you don’t have a Pest Control ID card.
What are the circumstances of the alleged issue?
Contact your insurance carrier (if you have E&O) or hire an attorney to respond to the complaint.
As an aside, you are advertising septic inspections on your web site, and that service requires a separate license in Florida.
What Dom said.
Do you have a signed agreement that listed the SOP?
Was there any readily observable “evidence or damage” that should have been reported?
I believe they have a reason to accuse you of omission if you missed it, but you did not elaborate
You should report any damage & simply refer to a licensed contractor for further evaluation.
Was there visible structural damage that you did not report?
Thank you Mr. John. No, termite inspection was not part of the service.
Dominic,
Thank you so much for your response. Yes, I do have septic listed in my website. I will take it down. Thank you my fiend.
Nasir
Mr. Chuck,
No, there was no visible damage.
Thank you
Then I would get a lawyer to tell them to go pound sand. Always advise your clients to have a termite inspection performed and make sure that your PSA and your report clearly state that you do not (cannot if your in a license state) inspect for termites.
Check with your E&O policy. You probably need to report this to them right away. Be careful though because most E&O providers will settle right away, even if you’re not at fault. You may need to get your own attorney to protect yourself. It’s not usually a good idea to rely on the E&O company’s attorney since they’re representing the company and not you.
Florida Home Inspection Disclosure Statutes 468.8321.
“468.8321 Disclosures.—Prior to contracting for or commencing a home inspection, a home inspector shall provide to the consumer a copy of his or her license to practice home inspection services in this state and a written disclosure that contains the scope and any exclusions of the home inspection.”
The Scope is the Florida SOP.
Did you send them the scope (SOP) and a copy of your license.
If you did you don’t have a thing to worry about.
61-30.812 Standards of Practice, General Limitations And Exclusions
(1) General limitations for inspections:
(a) Inspections are visual non-invasive only and are not technically exhaustive.
(b) Inspections may not identify concealed conditions or latent defects.
© Inspections are subjective and rely upon the inspector’s opinion, judgment, training, and experience.
(2) Generally, the inspector is not required to perform any action or make any determination unless specifically stated in these Standards of Practice.
(3) Inspectors are not required to determine:
(a) The condition of systems or components which are not readily accessible;
(b) The remaining life of any system or component;
© The strength, adequacy, effectiveness, or efficiency of any system or component;
(d) The causes of any condition or deficiency;
(e) The methods, materials, or costs of corrections;
(f) Future conditions including, but not limited to, failure of systems and components;
(g) The suitability of the property for any specialized use;
(h) Compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.), manufacturer specifications, installation procedures or instructions;
(i) The market value of the property or its marketability;
(j) The advisability of the purchase of the property;
(k) The presence of potentially hazardous plants or animals including, but not limited to wood destroying organisms or diseases harmful to humans;
Thanks John. I do not have E&O, only Liability…
Md, contact InterNACHI’s attorney via fastreply@InterNACHI.org and explain your situation to him/her and maybe they can send off a rebuttal on your behalf. Incidentally. they are part of your membership in InterNACHI so, typically, there is no cost to you.
I hope you had a pre-inspection agreement signed by them. In the future consider using the one InterNachi fine tuned and spent much $ on to use.
Here: https://www.nachi.org/newagreement.htm
If they are not able to practice in your state, maybe the rebuttal letter will scare the suit happy people off.
Just a thought. Good luck to you. 
Thank you sir so much.
Nasir