I started my first home inspection and the listing real estate broker offered me part of his commission if I wouldn’t include the distressed roof shingles, I quickly told the Broker that I would inspect the property to the best of my ability, I’m someone of high ethics and integrity and have been hired by the buyers to provide the most accurate home inspection possible and I WILL DO JUST THAT! 
A client has a hot water with a defective TPR valve and no down pipe from it to the floor. I show him the danger of the valve in the its current state and that it needs to be replaced as well as a down pipe installed 6" from the floor up. I stated that for safety it needs to be repaired.
An example of this would be the Real Estate agent trying to sell a property, knowingly divulging information that could later cause the buyer hardship and inconvenience. This would not only be a violation of a home inspector to participate in, but a violation for the real estate agents field as well.
Home inspectors should never offer repair services to a property that they are inspecting. After one whole year, then an inspector would be allowed to do fix any deficiencies again with the buyer. Given that he or she has experience in the repairing of the particular item.
Home inspectors should never call themselves “experts” because there may be legal repercussions to such claims. What makes you an expert? The correct wording should be "experienced or knowledgeable, or that you have performed thousands of inspections.Avoid legal pitfalls and use the correct language and terminology.
After having read the article entitled “Free Negligent Referral Protection for Real Estate Agents” I feel a little more at ease discussing an agent’s liability concerns when referring an inspector. In today’s sue happy climate an agent’s reluctance is well founded. InterNACHI has the tools in place for its members to help agents protect themselves when it comes to the matter of home inspection.
The home inspector has been asked by the Sellers to “go easy” on the roofs current condition. At this time the inspector should not only disregard the
Sellers request but also inform them that the roofs current condition will be reported accurately and is disclosed information that the inspector shall not discuss with the Sellers.
Looking at the garage roof in the pictures showing the truss system, I see that being shallow slope with a heavy weight of snow with altered truss systems would pose a very serious situation. First the joist hangers are improperly installed with the deck screws and into drywall and tampered with would greatly increase the possibility of collapse and truss changes significantly reduces the strength of the roof system. The liability for serious injury or even death could bring forth a liability suit. Also could be a costly situation to be repaired as it wasn’t done right in the beginning. Doing a job right from the start is cheaper than the consequences of altering proper codes and procedures.
During a home inspection, I was asked by the home owner to “go easy” on the roof’s condition. I promptly informed the home owner that I document conditions in accordance with the InterNACHI Code of Ethics and Standards of Practice.
I would have to let the client know that it is my responsiblitiy to perform a full and thorough inspection. As an InterNACHI Certified Inspector I am required to be completely honest on all of my findings through out the inspection.
In the situation given, the home inspector would act accordingly to the Code of Ethics and practices of the InterNACHI and inspect the entire property to his/her best ability. Regardless of the request of the seller, the inspector must act within all of the laws / rules / code and give an honest inspection report based on their findings. The seller does not dictate how thoroughly the property is inspected and has no control over the content in the resulting report.
The InterNachi home inspector shall inform the client that while they would like to help them as much as possible, they must abide by the rules and code of ethics, being that they have to do their job properly, and safely, without deviating from their ethical standpoint.
After reading the article “Easy Steps That Help Home Inspectors Avoid Lawsuits” I have learned that I need to make sure to take steps to avoid falling victim to easy lawsuits. With our sue happy culture, the burden falls upon the home inspector to make sure that all parties present during the inspection are made aware of the potential risks and dangers inherent to the inspection process. If proper care and preventative measures are taken, safe, accurate and informative inspections should not be an issue.
WHen it comes to lawsuits, there are several ways to protect yourself. Completing InterNACHI’s online course is good solid evidence that you know the rules to abide by. Getting the proper insurance to protect yourself is another very helpful tool in your career.
I recommend choosing a home inspector who is a member of InterNACHI (International Association of Certified Home Inspectors). Do not let third party persuasion for lower cost inspectors fool you. InterNACHI high quality inspectors front ends their membership requirements. Although, the fees may be slightly more, InterNACHI inspections are of the greatest degree of quality that protects the best interest of the seller, buyer and real estate agent (if applicable).
The homeowner said to me that they are having an electrician coming to fix the electrical box. I notice that there where an 12 gauge wire
connected to an 30 amp circuit breaker.They ask me not to put it in the report.It will be taken care of. I would tell the homeowner that
thats not how thing are done. I will put it in my report any way and tell them that I shall abide by the code of ethics for home
inspectors and That we are required by internachi to follow the Standards of practice.
A realtor tells you that they are very busy around town and could use a good home inspector for clients. This realtor eludes that you “send something their way for helping you get new business.” You should inform them that you follow the Internachi Code of Ethics and are bound not to participate in referral bonuses for realtors. You could politely tell them you would be happy share some business cards with the realtor and any potential clients could expect a professional to show up on time and follow the standards of practice to deliver a quality home inspection.
I formed a corporation or limited liability company. Now what?
by Mark Cohen, InterNACHI General Counsel, and Nick Gromicko, InterNACHI Founder
I read this article and did some additional research on the case noted at the bottom. I have not done extensive training yet but it appears the inspector did make mistakes during the inspection. Making mistakes obviously increases your chances of being held liable. Even when things are done correctly, I can see the value in starting an LLC and following the guide to maintain its intended protection. Considering I would most likely be a single owner, I will have to be even more cautious to protect myself from liability.
First thing I noticed when approaching the home was dramatic negative drainage. The current homeowner informed me that water had been an issue in the crawlspace in the past. Homeowner had extended gutters which they believed had fixed the problem. I informed the homeowner that drainage around the home had to be corrected to positive drainage.
Hypothetical Essay
I arrived on site and was approached by seller. The seller struck a conversation with me in regards to marking the attic inspected when it was currently inaccessible. I politely let the seller know I would be unable to do so and would like to thoroughly inspect to complete my full report. My compromise would be to come back later that week and inspect if he could gain me access.