Doing damage during an inspection:It’s your job, is the article I read. This article explains that operating shut off valves and switches under normal conditions is important. These valves and switches can break, which is a good thing they did break, because they were being tested under non-emergency conditions. The fact that they broke gives the homeowner time to repair them under normal conditions. The article also explains that if your foot goes through the roof, the homeowner should thank you for finding this kind of defect instead of a family member falling through the roof. To sum it all up, it is better for the inspector to break something to bring to light the fact that something needs to be replaced, than it failing under an emergent situation.
I would politely convey to the seller that my priority was to perform the inspection to the NJ Standards of Practice. And to make any information I find pertaining to the roof’s condition in light of said Standards, as clear as possible to my client in my report. In my opinion, the ethical challenge in this situation is where or not to abide by the InterNACHI code of ethics in the face of possible discomfort.
[First look to see if a permit had been issued for R/R] then inspect roof in a thorough fashion and call out any items
that are defective or need further review;upon reviewing report with client it is then their report that they can share with the seller or agent in order to resolve any issue
I would, being a fair and impartial Home Inspector, politely tell the seller that I simply report on a condition. I have no bias or hinderance while conducting an inspection. The SOP that I follow clearly states I must observe and report on the visual conditions that I find.
I recently arrived upon an inspection and the seller was present when I arrived. They kindly asked me to go easy on the roof portion of the inspection. I responded professionally by stating that I perform every inspection equally and will report any findings fairly and ethically regardless of the condition.
I am a licensed HVAC contractor but during any and all inspections I do not mention being an expert in this field. We are hired to do a non invasive visual inspection of the said property. It is not ethical nor okay for me to inform the customer that I am capable of performing any repairs within the first twelve months of property ownership.
Learning things such as never using the term “expert” even in advertising, turning away problematic clients, and taking at least 3 pictures of the water meter before leaving a property- are examples of why I’m glad I’ve gotten started on InterNACHI’s online courses. I’m also very thankful to learn about such resources as; pre-inspection agreement templates, Certified Master Inspector professional designation, AND InterNACHI’s free Issue Resolution Service. These are all things I’m excited to use and make me even more likely to stay a member.
If a client asked me to go easy on the roof inspection, I would inform him or her that I am ethically bound to be as truthful as possible in my observations of the roof materials, it’s condition including any deficiencies, structural damage, leaks, and or safety concerns; and that this will all be conveyed in the report along with photographs of the roof and a written summary of the report as required by N.a.c.h.i.'s code of ethics and standard procedures and in compliance with states and local requirements, standards and laws.
A Real estate agent ask me to overlook water stains on the underside of the roof sheeting as he said the issue was corrected. I continued with the inspection of the roof and found that in fact the problem had not been corrected after all and took pictures to document the material defect as well as writing an explanation.
If you refer to yourself as an expert the law can hold you to a hire standard to witch you would have to defend yourself.The buyer can claim they hired you because you implied you are an expert and this definition is more subjective than proving that your insured or certified
A realtor tells the inspector that the basement used to leak but the homeowners brought in some dirt to bring the grade up and that it shouldn’t leak anymore. Realtor also asks inspector to not tell buyers that it used to leak since it has been “fixed”.
I would let the realtor know that I will be looking for evidence of a leak and that I will also let my clients know that there was a leak in the past, according to the realtor. I would also let my clients know what the homeowners did to address the leak and that there is still a chance that it may leak. I would also look for other ways that water may be getting into the basement.
“Three Photos Every Inspector Should Include at the End of the Report”
While this seems like a fairly good idea as a CYA, I am not sure that if this was brought to a court it would hold much validity. Taking pictures of a meter not running could easily be doctored and even if they are taken a slightly different angles, that does not mean that they were taken at different times during the inspection. While new phones do provide a time stamp, I could just as easily duplicate a photo to give it a later time stamp. I think the best philosophy to ensure that you are not sued for water damage would be to double check all of the fixtures to ensure they are indeed off.
The dangers of calling yourself an “expert” cannot be stressed enough. By calling yourself an “expert” you automatically hold yourself to a higher standard in a court of law. By advertising that you are an expert you may be sued for breach of contract, negligence, deceptive trade practices, misrepresentation and implied warranty claims due to the fact that you implied you were an expert in your field. Never, never, never imply being an expert in any marketing or verbal communications.
The house seller knows there is a fundamental problem with respect to the foundation sinking but its not readily apparent to a potential buyer. If the seller asks me not to disclose this in the inspection report then I face an ethical issue. On one hand, the seller is your client and the one paying me however I have made a promise and have an ethical duty as an InterNACHI Certified Home Inspector to disclose certain issues. Especially if there is a safety issue and building code violations.
I would handle the situation by explaining to the seller my obligations but also advise him of the potential safety issues of selling the home to a buyer that is not aware of the issue. I would also explain the possible injuries the buyer could incur as a result of not knowing this. I would also explain to the seller that they are making certain warranties at the time they give a deed to the buyer so they may be breaching that warranty and/or disclosure obligations by concealing this fact. I would also explain that they would have legal problems by failing to disclose. For example, the buyer may come back and sue the seller once they discover the leaking foundation
I’d just like to use the given example of, “go easy on the roof condition” for my essay. If this scenario happened to me I’d advise the seller that I am obligated to work in the interest of my client and report exactly what I find. I hold myself to a higher standard and would never consider anything less than properly informing my client of any deficiency so they are able to make an informed decision.
I’ve learned several things and confirmed some information that I already knew. I did form a PLLC to protect me in business, and I am committed to taking all of the InterNACHI courses…there are a lot, but they are informative and will definitely make me a better inspector.
In article “Can a Real Estate Agent Sign the Home Inspection Agreement on Behalf of the Client?” I learned you need to plan ahead in order to secure the required signatures and necessary paperwork in order to avoid any legal complications
I have been hired by a home owner to perform a presale inspection. During my inspection I find all the gutter down spouts on the home are missing. The home owner ask me not to write it up on my report as deficient. I tell the home owner that I am sorry, that the standards of practice that I follow I am obligated to do so. However, if he can correct the gutter problem over the next week or so I can come back at no charge and perform a second inspection on the gutters. If all has been corrected I can include that in my follow up report.
When faced with a situation like this one, the inspector should be courteous and respectful to the seller. After all, it is their home. He or she should politely and professionally explain to the seller that they should expect a fair and honest inspection of all the homes’ systems per his/her standards of practice and code of ethics.
I requested and received the book Sleep Well a home inspector’s guide to managing risk by Nick Gromicko. I am glad to have received and read this informative book and it’s articles. I emphasised the importance of not calling or labeling you self an expert to avoid be held to a higher standard. It emphasised also starting you company by registering it as an L.L.C. and purchasing adequate insurance. It also mentioned getting a customer signed contract which conveys what the home inspection entails and it’s limitations, as well as accompanying photos and documentations in the report.