Got THE call today

[dbowers (Dan Bowers, CMI, EDI)]

Sounds like a KC real estate agent has relocated to Florida. You got SoP’s, stay with them. I’m not an insurance company nor can I predict the future. ARE the gutters leaking OR just a few (representative sample).

I’m sorry but I’m too old to put up with that kind of crap.

---

“The gutters and downspouts look to be in functional overall condition. However, without water running through them for testing, it is impossible to fully determine if they will leak OR judge if they are fully aligned in order　to direct water into the downspouts. We recommend observing them in a strong rain to see if they are acceptable or not”.

[vsantos (Vince Santos, Reg104669Cc)]

Sorry but I think I would have just laughed at the guy. After all it is laughable what he’s trying to pull.

The gutters appear intact but due to the lack of recent rain, I am unable to determine if gutters leak at seams or spills water.

[gfarnsworth (Gary Farnsworth, CMI)]

Dan is right. The first person a new home owner calls is his/her used home commissioned sales person. Then the next call is to the home inspector. It is important, as I state in all reports given to the RE agent and any home buyer, is to “fully read all inspection reports, tips, agreements, appendix, all to understand the full inspection report”.

Never panic. That is what the agents want. State professionally that “I do not do home repairs due to conflicts of interest. I can recommend a repair person. I would advise you to re-read every word of the full inspection report, agreement, and all other documentation that was supplied to you at the inspection”.

[jferry1 (Joseph Ferry)]

Somebody should launch a website devoted to this phenomenon.

[wdecker (William Decker, CMI, IL. Lic. 450.002240)]

This kind of stuff is just a big joke. I had one a couple of years ago.

Nice enough couple, buying a split level with a partially finished lower level (hardwood floors on the slab, a bad idea to begin with). No real big problems. I did comment that the water heater was 10 years old and not properly vented to the chimney (sloping and needed furnace cement). I also commented that the water heater was “near its statistical end of life”.

6 months later, I get the call. Water heater let go and “flooded” the basement hardwood floor. Client stated that plumber who replaced the water heater stated, “Your home inspector should have seen this.” I get on the phone with the client and the plumber and ask the plumber how I could have seen this. He said that he would have tapped on the bottom of the vessel to see if it was soft. I asked him if he would then pay to replace the water heater when it broke due to his “tapping”. He had no answer. The client hung up and I thought it was the end.

About 4 months later, I got a letter from Met Life, the clients homeowner insurance company. They stated that they had paid a $10,000 claim for the water damage in the client’s house because of the water heater and they wanted me to pay them for their expense, since I was, at least in their mind, responsible for the damage. I wrote them back a nice letter, accompanied by another letter from my lawyer to the effect that:

1. I had no contract with them, therefore they had no claim against me.
2. Finding this defect was beyond the scope of a home inspection.
3. The client had been advised that the water heater was near the end of its life.
4. If they tried this crap again, I would report them to the Illinois State Insurance Board so dang fast that their heads would twist off.

Just keep your wits about you and know your rights. Don’t be bullied.

[sfogarty (Sean Fogarty)]

@wdecker

This kind of stuff is just a big joke. I had one a couple of years ago.

Nice enough couple, buying a split level with a partially finished lower level (hardwood floors on the slab, a bad idea to begin with). No real big problems. I did comment that the water heater was 10 years old and not properly vented to the chimney (sloping and needed furnace cement). I also commented that the water heater was “near its statistical end of life”.

6 months later, I get the call. Water heater let go and “flooded” the basement hardwood floor. Client stated that plumber who replaced the water heater stated, “Your home inspector should have seen this.” I get on the phone with the client and the plumber and ask the plumber how I could have seen this. He said that he would have tapped on the bottom of the vessel to see if it was soft. I asked him if he would then pay to replace the water heater when it broke due to his “tapping”. He had no answer. The client hung up and I thought it was the end.

About 4 months later, I got a letter from Met Life, the clients homeowner insurance company. They stated that they had paid a $10,000 claim for the water damage in the client’s house because of the water heater and they wanted me to pay them for their expense, since I was, at least in their mind, responsible for the damage. I wrote them back a nice letter, accompanied by another letter from my lawyer to the effect that:

1. I had no contract with them, therefore they had no claim against me.
2. Finding this defect was beyond the scope of a home inspection.
3. The client had been advised that the water heater was near the end of its life.
4. If they tried this crap again, I would report them to the Illinois State Insurance Board so dang fast that their heads would twist off.

Just keep your wits about you and know your rights. Don’t be bullied.

Well said.

[jbraun (James E. Braun, CMI)]

I like the “their heads would twist off” part.

[bhoagland (Brian C. Hoagland)]

He does need new/ additional guy wires, the corner brackets will have to be replaced and also possibly the corner uprights. I think you said this was built in 2001… the codes have changed and in order for it to be currently compliant it probably does need $5000.00 worth of UPGRADES. Can’t blame the contractor for trying but upgrading the property on your dime is a lot to ask. This guy may actually know what he is doing and may not just go away. Good luck.

[wdecker (William Decker, CMI, IL. Lic. 450.002240)]

Helps to have a) A good friend who is also a good lawyer with a lot of experience in deailing with insurance fraud and b) a wife is is a former insurance actuary and knows, personally, a couple of the state regulators.

Also, the general public feeling that insurance companies are trying to rip us all off. Helps if you have a jury trial.

Know your market, know the law, in your state. All part of being a good businessman.

Point of fact. I got a call from another local inspector, the other day. I had never heard of him or his company before, but looking him up, he had a high license number which means that he is pretty new, like about a year licensed.

Anyway, he asked if I had any spare REadon canisters. He said that he, mostly, did insurance inspections and roof inspections, but that a couple of Realtors used him for pre-purchase. He said that he was in a bind and needed to have a Radon test done, but it could only take 8 hours. He said that he could not find any canisters and wanted to buy them from me or sub the Radon out to me.

OK, a couple of facts from this area, based upon state laws:

1. Radon tests take, minimum, 48 hours and must use electronic monitors. You can’t speed these things up.
2. In Illinois, there is a separate license for Radon technicians and Radon labs. I do neither and sub it out.
3. Seems like this guy has been going to Home Depot and buying the charcoal tests from Pro-Lab (no slam intended to them, BTW) and placing them at the clients house for a few hours and then sending them in and presenting the results and charging the client (like $200) for the “Radon test”. In Illinois, the only people who can, legally, do a charcoal, DIY test is the homeowner.
4. We also talked and he told about how he used the state HI license to get creds to do all kinds of inspections (not pre-purchase) and that he only did this part time to make a little money, “on the side”.

I am very close to reporting him, because he is violating about 10 state laws.

I calmly and clearly explained to him what he was doing wrong, citing the state laws and licensing regs. After listening to me for a while, he asked me “What are you, the Police?” I tried to keep it non-confrontational, just explaining to him that he was, maybe without knowing any better, breaking the law. He thanked me, but then told me to mind my own business.

Should I turn him in? My reason for doing so would be because thus guy is just plainly too stupid to be in business.

Opinions?

[bhoagland (Brian C. Hoagland)]

@wdecker

Helps to have a) A good friend who is also a good lawyer with a lot of experience in deailing with insurance fraud and b) a wife is is a former insurance actuary and knows, personally, a couple of the state regulators.

Also, the general public feeling that insurance companies are trying to rip us all off. Helps if you have a jury trial.

Know your market, know the law, in your state. All part of being a good businessman.

Point of fact. I got a call from another local inspector, the other day. I had never heard of him or his company before, but looking him up, he had a high license number which means that he is pretty new, like about a year licensed.

Anyway, he asked if I had any spare REadon canisters. He said that he, mostly, did insurance inspections and roof inspections, but that a couple of Realtors used him for pre-purchase. He said that he was in a bind and needed to have a Radon test done, but it could only take 8 hours. He said that he could not find any canisters and wanted to buy them from me or sub the Radon out to me.

OK, a couple of facts from this area, based upon state laws:

1. Radon tests take, minimum, 48 hours and must use electronic monitors. You can’t speed these things up.
2. In Illinois, there is a separate license for Radon technicians and Radon labs. I do neither and sub it out.
3. Seems like this guy has been going to Home Depot and buying the charcoal tests from Pro-Lab (no slam intended to them, BTW) and placing them at the clients house for a few hours and then sending them in and presenting the results and charging the client (like $200) for the “Radon test”. In Illinois, the only people who can, legally, do a charcoal, DIY test is the homeowner.
4. We also talked and he told about how he used the state HI license to get creds to do all kinds of inspections (not pre-purchase) and that he only did this part time to make a little money, “on the side”.

I am very close to reporting him, because he is violating about 10 state laws.

I calmly and clearly explained to him what he was doing wrong, citing the state laws and licensing regs. After listening to me for a while, he asked me “What are you, the Police?” I tried to keep it non-confrontational, just explaining to him that he was, maybe without knowing any better, breaking the law. He thanked me, but then told me to mind my own business.

Should I turn him in? My reason for doing so would be because thus guy is just plainly too stupid to be in business.

Opinions?

He is going to damage our credibility and public trust and hurt people. Unless you are going to feel guilty and lose sleep over it I say yeah, turn him in.

[belliott (Bob Elliott, 450.0002662)]

The Chicago Department of Public Health is offering free Radon testing for all residents of single-family homes in the City of Chicago. To schedule your free test, call (312) 746-7820.

[wdecker (William Decker, CMI, IL. Lic. 450.002240)]

@belliott

The Chicago Department of Public Health is offering free Radon testing for all residents of single-family homes in the City of Chicago. To schedule your free test, call (312) 746-7820.

1. I would be interested to see if the people who the City has do this are state licensed. Not saying they aren’t, just asking.
2. I will bet $20 that the people that the City “recommends” to do any needed remediation are, somehow, “connected”.
3. The percentage of positive tests, east of Pulaski, are only 3.2%, according to the most current statistics.

Maybe some Alderman’s Brother-in-law got licensed? Go figure.

[belliott (Bob Elliott, 450.0002662)]

Free testing is a good thing.Not everything is sinister.
May not help during a property purchase agreement period much if there is a wait however.

[bgarrison (Ben Garrison)]

@jbushart

Anything less than the maximum deductable is hardly worth fighting for, right?

Sorry, Ben. I couldn’t help it.

Typical…

My deductible is $1,000… I would encourage any inspector to try and settle a claim on his own if he can get out for less than that.

[belliott (Bob Elliott, 450.0002662)]

Just had yet another person ask me the question “Can I sue my Home Inspector”
Got permission from Inland News to reprint a Dave Barry article and this piece from 2007 has since taken on its own life.

I give no legal advice of course but do listen and it is interesting to hear the stories of people that often wish to vent their frustration.

Here is a link if you wish a little more insight as to why they often hate the Inspector that was there to help them.

Can I Sue My Home Inspector ?

[jbraun (James E. Braun, CMI)]

@wdecker

Helps to have a) A good friend who is also a good lawyer with a lot of experience in deailing with insurance fraud and b) a wife is is a former insurance actuary and knows, personally, a couple of the state regulators.

Also, the general public feeling that insurance companies are trying to rip us all off. Helps if you have a jury trial.

Know your market, know the law, in your state. All part of being a good businessman.

Point of fact. I got a call from another local inspector, the other day. I had never heard of him or his company before, but looking him up, he had a high license number which means that he is pretty new, like about a year licensed.

Anyway, he asked if I had any spare REadon canisters. He said that he, mostly, did insurance inspections and roof inspections, but that a couple of Realtors used him for pre-purchase. He said that he was in a bind and needed to have a Radon test done, but it could only take 8 hours. He said that he could not find any canisters and wanted to buy them from me or sub the Radon out to me.

OK, a couple of facts from this area, based upon state laws:

1. Radon tests take, minimum, 48 hours and must use electronic monitors. You can’t speed these things up.
2. In Illinois, there is a separate license for Radon technicians and Radon labs. I do neither and sub it out.
3. Seems like this guy has been going to Home Depot and buying the charcoal tests from Pro-Lab (no slam intended to them, BTW) and placing them at the clients house for a few hours and then sending them in and presenting the results and charging the client (like $200) for the “Radon test”. In Illinois, the only people who can, legally, do a charcoal, DIY test is the homeowner.
4. We also talked and he told about how he used the state HI license to get creds to do all kinds of inspections (not pre-purchase) and that he only did this part time to make a little money, “on the side”.

I am very close to reporting him, because he is violating about 10 state laws.

I calmly and clearly explained to him what he was doing wrong, citing the state laws and licensing regs. After listening to me for a while, he asked me “What are you, the Police?” I tried to keep it non-confrontational, just explaining to him that he was, maybe without knowing any better, breaking the law. He thanked me, but then told me to mind my own business.

Should I turn him in? My reason for doing so would be because thus guy is just plainly too stupid to be in business.

Opinions?

You warned him. If he does not want to play by the rules, he needs to be turned in.

[rhensel (Russell Hensel)]

Will the way I look at these things, if your not part of the solution the you are part of the problem.

If it doesn’t start with you, then who?

Or another way to look at it is, what would people say if they knew that you were aware of this and did nothing. Would it shine a positive light, negative light or indiffent light?

Being the outstanding inspector you are, its all in your hands. You knowledge, candor, professionalism has gotten you where you are today. Your a smart guy and will do what is right for Will. Whatever that may be.