Thank you, Scott!
I try to press on that perspective all the time, but it does not seem to catch on. No one likes to be controlled by the government, but from the opposite perspective, State Control protects the HI in many ways. For one, it requires you to protect yourself, from yourself, with insurance. It states what you are not required to do as a HI. The client always thinks you’re supposed to find anything that they found after their purchase. Even the HI doesn’t know what they have to do half of the time, even with the rules in place. They don’t memorize the Rules. They also like to step outside their scope to be better than the other guy, or impress the client.
I started before the licensing requirement in TN. I don’t know if you remember the Home Inspector and his infamous lawyer friend calling out HI’s in Nashville for being worthless on the news, but I got into a tangle with a homeowner who was using his lawyer friend before the law. Prior to this case, I elected to use the SOP set by ASCHI (one of the few SOPs out there) before litigation and TN required licensing. Well, TN SOP was basically adopted exactly from ASCHI (as well as did several other states). I was using the SOP before there was the SOP. That SOP was my defense in this case. They were making up crap that turned out not to be part of the State SOP on home inspection. The home inspection licensing board had a legal department at the time, and they struck down the case I was pulled into. They were my defense!
Some here claim I am against the HI Industry.
I am simply pointing out to those currently in trouble, or about to be, that their actions that go beyond their state SOP is putting the liability solely on them. If they are wrong, or don’t know what they are doing with these ancillary offerings, that they now must carry their liability on their own. When their actions do not get caught, it does not make it OK to do.
If we consider Home Inspection as a legit business, we need to treat it like a real business.
By the way, as the years passed, I worked cases for law firms where this Inspector was involved in some way. He was not the defendant, but his inspection standards were questioned against my findings. I was questioned why my statements were not like his, after all, he was a news celebrity with a lawyer in his pocket! My defense, “Here is a copy of the State Home Inspection Standards”!
We may get away with stuff, but sometimes it can find it’s way back to us.