I’m a newer solo inspector here in Michigan and just got my first subpoena. One of my past clients is involved in a dispute, and I’ve been asked to bring a copy of my inspection report and testify as a witness.
I did have my client sign InterNACHI’s standard pre-inspection agreement before the job, so my scope and liability are clearly laid out. I’m mainly nervous about what to expect as a witness and don’t want to get pushed into answering things outside the report or outside my inspection scope.
For those of you who’ve been through this:
What was your experience like testifying in court or at a deposition?
How did you handle questions designed to push you outside your report?
Any tips for a new inspector to stay professional and protected?
I’m not looking for legal advice, just practical wisdom from inspectors who’ve been in the hot seat.
Thanks in advance — I really appreciate the guidance.
because I am a witness and they want me to testify that the findings in my report lead me to believe a certain condition about the house. The realtor says that they want to come to the knowledge that the house in my opinion wasn’t going to collapse within six months or something like that.
It does not sound like you are being litigated for an error or omission but summonsed/ordered to appear in court at a hearing to testify about events as a witness of fact. I do not believe it would be for an expert witness unless you crossed that threshold already.
Correct me if I am wrong please. Have you crossed the threshold of witness of fact?
A witness of fact provides first-hand testimony of personal knowledge about events, while an expert witness offers opinions based on specialized knowledge and training to help the court understand complex issues.
I have been summoned as both. This is why I ask.
As for Testifying in court. Be calm and professional. No trick questions.
In my neck of the woods you address the judge and the judge addresses you. There is no back and forth with the plaintiff or their lawyers if present. Everyone addresses the judge.
Andrew, you just tell the truth.
You are allowed the report at the table.
I recommend you review the report prior going to court and while testimony is on going, but do not use it to answer questions. Ask the judge if he/she minds if you reference notes.
No more, no less.
As well…In the event you remember you made a testimonial mistake along the way, court can take up days, you bring it up in court with the judge during the hearing, at the right time, and it will be entered into hearing as evidence.
As for you being deposed. Your summon would have explained that to you and you would certainly know if you are being deposed. But it sounds like your prior client is being deposed for an error or omission.
Look. Just be, act and look professional. Wear a suit, tie with clean polished shoes or at the least, White shirt, clean properly folded handkerchief in the pocket of the shirt, pressed gray flannels, shiny black shoes and a clean sports jacket. You are representing yourself and your company and InterNACI. You never know who will be in attendance at court so look and act like a pro. I went a long way catching the eyes of journalists in court settings.
1: Take your time recalling specifics and events.
2: When you can, be specific.
3: Don’t feel nervous nor rushed to answer.
4: Don’t be afraid to say, your honor, or sir, that is not what I recall at the moment or I can not recall at this moment. Your honor. I need some time to look at my notes or the report to be certain. Likely you will be given that time and the court recessed for up to 30 minutes.
5: When you can not recall, say so.
You will be fine. Welcome to the home inspection business.
I ask, because comments like that are a very slippery slope, and you need to ignore any “suggestions” like that which could cause you liability!
(Ever hear the phrase “Leading the Witness”?)
…as in who exactly? My first thought was, it is the Realtor with their ass being the one in trouble.
Another example of what you need to be careful of… not being specific or exacting with your words!
In 25 years, I’ve never had anything like you are describing. Are you being deposed as an expert witness and are you being paid to do this? Expert witnessing can and should pay well. Find out who is paying you and have them sign a contract/agreement that you’ll get paid $X amount within 30 days.
If no one is paying you for your time as an expert witness, are you a witness to events such as Robert defines? In either case, Robert has some good advice although don’t concern yourself about representing InterNACHI. You are representing only yourself and don’t get into a being super verbose. Short answers are usually the best. (Short answers are hard for me, but this is one place where I conciously do them)
Morning. Lon
I concur. Confusing description by Andrew. Never heard an explanation as described.
Likely unsure and neverse about why is he being summoned.
Likely acting as witness of fact between 2 posable purchasers is the way I read it. That leaves the ball in the relator’s court.
Likely being legally disputed is 'why did 1 prior prospective purchaser walk away from the purchase or, why were 2 offers accepted by different real estate agents?"
From Andrews above post. "My clients agent has been communicating with my clients lawyer. Both people involved in this dispute are would be buyers."
The way I read it, Andrew is l likely acting as a witness of fact due to the report he wrote or what he witnessed during his time with all involved. I have inspected many homes when a different realtor walks his prospective purchasers showing them the home. The premise is, if the current purchaser refuses the home they can put an offer on the table if they like what they see.
I suspect a real estate agent made an COE or SoP error allowing his clients to purchase the home after the first client, Andrews client wave the purchase based upon his/her conclusion of the report during which time another party purchased the property."
Andrew explained, “Both people involved are would be buyers/purchasers.”
I’ve only had to do it once. It wasn’t that big of deal. If you don’t know the answer, say so. Don’t embellish anything.
They tried questioning me about buyer’s character as it was a pretty hot topic in earlier testimony. I just said that I was there to judge the conditions of the home, not the people. It ended the questioning pretty quick.
Most of the key points have already been addressed. You’re not paid to be a witness, so if possible, request to be classified as a consultant to receive compensation. Follow the advice given: take your time, avoid offering opinions, and stick to the facts. In your inspection report, describe only what is asked without adding personal opinions. Bring a copy of your inspection report and the standards of inspection you follow, including what is required and not required for reporting. Stay within your scope.
If you’re a witness, one of the lawyers will guide you. Arrange a meeting with them to clarify your role. Typically, they will instruct you to answer only what is asked—nothing more, nothing less. Even if you’re highly qualified, they will focus on one specific area and leave other matters to specialists. Your experience will add credibility, but someone else will handle issues beyond your scope. You may need to testify in a deposition. Even if subpoenaed, you might be compensated for travel or other inconveniences.
This isn’t about being right or wrong. Stick to what you wrote in your report and what the inspection standards state—nothing more. If your report includes unnecessary opinions, the lawyer will only use what is relevant to the case. Treat this as an educational experience, even if the compensation is minimal. You’ll likely encounter similar situations in the future, as homebuyers, sellers, and lawyers can be challenging to deal with.
My clients Realtor wants me to attest to my report essentially to aid them in a case that my client should get the sale of the home against a person who got it in auction but failed to pay. Parden me for being poor on the details. The realtor was fast to try and explain what was going on. I guess the guy who got it in auction moved in after my inspection and started stealing things out of the home like trim and logs on the property. My clients realtor says that Michigan provides a protection from kicking people out if the home is basically in a condemned state. Idk what that means…
Thank you! I’ll stick too it. My clients realtor and their lawyer said that they just want ask me like two questions about my report and my opinion about the home based on the findings. I really just want to avoid everything I can.
In my report I did not notice a catastrophic condition. The home was in need of repair in places with the waste drain pipe leaking into the basement. The home had sat vacant for some months prior to sale and a lot of the major components appeared to be old but not failed. There was a small paneled screened porch room added on to the back of the house and not structural that was needing to be replaced soon because the porch it was on was rotten, but I put that all in the report.
How can you comment on the condition of the home if the current owner has made modifications. To me, your inspection report is void and cannot testify to how it pertains to what they are looking for.