If the system allows it, why not? The problem are the courts and the insurance carriers that throw inspectors under the bus. We’re not a warranty provider. I see absolutely nothing wrong the OP inspector had done unless the OP is not being honest.
HOW!?! can a home inspector guarantee future performance of a dwelling? and for a fee of $500-1000 we collect for an average house? really?
I was taught not to exploit people.
I’m not even sure the foundation needs repairs now once he rehydrates the soil. There are still no cracks in the brick veneer. One expansion joint is now opened up about an 1/8th of an inch. The cracks in the ceiling are at tape joints and there are no doors or windows in a bind or needing adjustment. The foundation repair guy that came out made no mention of the soil conditions and only walked the exterior and took elevation measurements with a zip level. I use a zip level on every house I inspect and the homeowner was at the inspection when I checked the foundation with the zip level in March. I am an idiot an only include any measurements when I suspect an issue so have no documentation. I would not come on here to complain about my incompetence.
If you won’t, someone else will. The system is the problem. If it allows someone to take advantage, someone always will.
The only question I’d be concerned with is whether or not you in fact missed all those things the homeowner claims. Dig through your photos and see if you can find any areas that now have cracks. If you did not miss any of it, let the homeowner hire a consultant and figure out his own mess. I would never help anyone like that. If the homeowner
was sincere and called me to discuss before making accusations, I would go out of my way to help as much as I could, maybe even return my inspection fee.
The guy was really concerned about foundation issues. He was there the whole 4 hours of the inspection as well as his realtor at the end. The cracks in the ceiling now are across the 2 story foyer and over the family room. They stick out like a sore thumb and a 2 year old could see there is something going on. The report is 51 pages and the only sheet rock issue I noted was a busted tape seam on the ceiling in a ceiling close to where these cracks are and an obvious Sheetrock patch in the family room. Live and learn. I need to raise my prices tremendously and do a shit ton more CYA and documentation
I am not trying to be all high and mighty. There will always be people who behave this way regardless of my participation. I have no interest in joining them.
Exactly…
I was more concerned about diagnosing the issue and trying to figure out what was going on and did not make any attempt to settle the dispute yet. I’m fairly certain my offer to refund his inspection fee is not what he is after. Will post update when issue is resolved
Suggestions.
1: If the purchaser admitted cracks showed up after the inspection you should inform him to go after the developer.
2: Retain Joe Ferry. I have retained Joseph for >< 7 years now. He is your best defense against false claims.
Keep us posted.
PS: Take more pictures. I average 300 images per home.
This heat wave/drought will cause foundation settlement. As the water that normally fills voids in the soil evaporates the soil collapses. Here in Missouri foundation settlement was a problem in 1980 and 2012 droughts. I sent an email to all the realtors I deal with warning them of drought induced settlement and recommendations about watering the soil near the foundation. Shallow foundations like slab on grade will be the first ones to settle followed by crawlspaces and basement.
Learning to defend yourself a bit is critical to surviving in this line of work. If an HI called their insurance company every time we (unfortunately) end up working for a nut we’d be canceled several times over each year.
The fact that the “nut” admitted you didn’t miss anything is a great start. This falls into the category of buyer’s mindset that goes something like this, “Someone else has to be responsible. I’m not sure and don’t care who. It’s just not me.” Once they read over the contract they signed (since I can just about guarantee they have yet to) they will usually come to reality. Otherwise, they might talk to an attorney and they’ll tell them the they have no case (usually/hopefully). People are honestly surprised to learn that an inspection doesn’t cover things that weren’t present or visible at the time of the inspection. They look at an inspection like an insurance policy which obviously it’s not.
Ironically, I just had one of these nuts that called me two years after her inspection when a tile came loose from the shower. Her opening email title was, “Insurance Question” and was asking for my policy # to make a claim… LOL!!
Great example of why I like clients to be present at the inspection…
“Mr. Inspector, you need to reimburse me for the tile that fell off, that you missed two years ago!”
“Mz. Client… You were there, I guess you didn’t see it either!”
Here’s probably my favorite chapter from my book that is about this EXACT subject:
Chapter Forty-Three: Buyers Listen but Don’t Hear Us
Kids aren’t raised like they used to be. Let me pile on with all the other old cranky bastards and complain about how the world is going to hell, kids have no respect, and things are terrible today.
Actually, I don’t have nearly that dim of a view—but there is no denying that we raise our kids differently today than we used to. I heard stories of my grandpa getting taken behind the woodshed before finally running away at fourteen, and my dad has alluded to getting smacked around by his parents on several occasions. I know I definitely got whacked a few times when I was a kid (they were well-deserved, I’m sure).
My kids? Much more than a firm grip on the arm and you are labeled a “child abuser” and will be hauled off to jail. I’m not going to debate whether I think all of this is for better or worse, but I’m sure we can all at least agree that it’s different. The result of raising kids with less force and fear is that often consequences are learned much later in life—if at all. Falling off your bike? No problem. Nowadays kids are covered head to toe in pads and safety gear. Talk too much crap to a kid two years older than you? No after-school fight in the alley—the worst you can expect is to be forced into a sit-down to discuss your feelings as a group. Don’t do your homework and fail a test? No problem. You will get a chance at taking it again.
Then you grow up and don’t read your home inspection contract or report. What’s the consequence? Well, there are a lot—but it’s no surprise people are surprised. After all, today’s generation of first-time buyers were raised under a different set of circumstances than I was. If I didn’t read something and proceeded anyway, it was on me. I understood that is the way the world works. Nowadays, everyone expects a safety net. Everyone has had one their whole life. Why would anyone expect the great gravy train to end?
Many times as a home inspector you will find yourself needing to communicate a little reality to some nice kids who just weren’t raised to understand the way the world works. Buying a house is a big-kid game. Everyone wants to be a homeowner for five years, double what they paid for the house, and then repeat the cycle until they are living in a million-dollar house. The problem comes when these buyers are hit with the reality that they actually have to spend some of their speculative profits on inconvenient things like roofs, sewer lines, and electric panels. By far, the easiest way to deal with unfavorable information is to just ignore it. Many people do that their whole life and it actually works out okay for them. The rest of us don’t have trust funds, and must deal with things, eventually.
As a home inspector, be prepared to grab your buyers by the shoulders (figuratively, of course—we don’t have time for sit-downs to talk about feelings) and make them hear you. In between them hanging swatches of paint on the wall and measuring to be sure the eighty-five-inch TV will fit, try to grab your buyers’ attention and really communicate some of your larger findings. Also, try to express some of the limitations of your inspection. Remember, many buyers are working under the belief that their trusty old safety net is still with them. I’m comfortable going out on a limb saying that 95 percent of home buyers think someone else would be responsible if, when the seller moves their bookcase on the basement wall, a failed foundation is discovered. They don’t particularly care who that someone is—just not them. As far as buyers are concerned, they only signed up for the annual-appreciation-of-value, sell-in-five-years program. They can’t afford any repairs. And, of course, they gave you $400 to pick up their safety net and throw it over the house.
To be a successful home inspector, realize what your buyers don’t realize. Realize what they are going through, and how fast things are moving. They aren’t really hearing you.
And, of course, I’ll conclude this chapter with a good story. I was at the beach with my family on a nice Saturday afternoon. About 3 p.m. I looked down at my phone and saw the following email: “Hi Matt—you missed something HUGE on my inspection. Call me ASAP, Steve.” Well, this sounded great. I just love friendly emails. This guy didn’t even have the decency to leave me an address or the date of the inspection. I was able to pull up the report based on his last name. The house was only about ten years old, and was the type you rarely hear back on—clean inspection, nice neighborhood, well cared for, etc.
So I called to see what was going on. It turned out there was a “huge” lump in one of the bedroom floors. But all the buyer was really interested in was learning about my insurance and where he could pick up his check (of course, he’d already had a contractor look at it and was told that it was going to be at least 10K). As I was talking, I remembered the inspection, and remembered that the house was furnished. As I asked him about the problem, he readily admitted there was a “huge bunkbed” right over the lump spot. Hmm. Okay. Why the hell are you calling me? That’s what I was really thinking, but I suppose I had to play along.
After getting home from the beach on Sunday I went over to the house, and saw that there was indeed a huge lump in the floor. Honestly, it was so bad it was essentially a trip hazard. There was no way a person could walk in the room and not notice this—unless there was a huge bunkbed over it, of course. The severity actually favored me in this case. I also started remembering the buyer—he was a super-nice, clean-cut, “techie” industry guy from the San Francisco Bay area, probably in his late twenties. Apparently after I did the inspection he had renters move in for a year, and was now selling the house. Someone came over to stage it with furniture and discovered the lump.
I told him he had no case against me. I’m not sure what happened after that. The house sold a couple months after I spoke to him, so it’s someone else’s problem now. The thing that really stuck with me was the buyer’s original questions when he found something wrong. I felt like I could read his mind, and the fact that there was no “safety net” didn’t even enter it. It was never a question of whether someone else was responsible. He just needed to be directed to that person.
Wow, kids these days.
This is a huge mistake! First off the insurance company will not act unless you have a written complaint in hand. Does your insurance have a “Pre-Claims” service? They will stop this before it becomes a full fledged issue!
yes, wait and see, most people who threaten to sue, are looking for easy money, they usually just go away eventually
One reason that We take 360 degree photos of every room and all sides of the home/property outside. It (360s) Shows condition on the day of the inspection both defects and also crap blocking your view. (I open closets before taking the 360 pics also)…it actually comes in handy to remind you of what room a defect was in or even what brand the garage door operator was…etc… in case you didn’t record those types of things. If you have evidence to the contrary (CYA photos, showing no cracks). these nuisance issues become mute (or is it moot?)
If we are getting the full story from the OP and not hiding anything The Client simply has no case. Probably be best to contact Joe Ferry and have him send the Client “The Letter” telling him/her they have no case and to shut up (in a nice way)…I believe it will cost you $500 and will be well worth it if your E&O won’t send the same letter for free (Meaning they actually do represent you) Some (and I’ll bet most) would just feel it really easy to settle for the exact same amount as your deductible.
Thanks. I turned it over to my insurance. I’m scared more of getting in trouble with TREC than tangling with the client.
Update
We understand it is your position that the inspector failed to inform you of foundation issues within the
home; however, our investigation has determined that the inspection and corresponding 51-page report
were thorough, proper, and fully complied with the TREC Standards of Practice for home inspectors. We
must respectfully deny this claim.
Bravo! Thanks for the update.