I chose to read the article about the risks of calling your self a “expert”. This article taught me that when ever marketing your business using the word “expert” will hold you to a higher standard and can lead to potential law suits. To safely promote your business the use of words like “experienced” or “Knowledgeable” are acceptable.
The home inspector shoud inform the seller that he/she is required to inspect the roofs condition and report any defects. By not disclosing the condition of the roof could lead to on safe conditions and potential legal ramifications, and would go against he/she code of ethics and business practices.
Use of the word expert
What I have learned from the article referring to your self as a expert. This can create a liability in the future if you have a unhappy client. Because the word expert is stating that you are holding yourself to an above average knowledge in a particular area. This can create a issue if a client finds a issue in the dwelling later on down the road which they hired a expert to make sure that did not occur. Using the word Expert in marketing or describing ones inspections can also hold you to a higher standard in all fields you inspect in the court of law.
Expert is defined as a person with a skill or knowledge of a certain subject.It would be difficult for a home inspector to be an expert in every system/component in the home. By labeling yourself an expert could potential lead to legal issues.
Inspectors who refer to themselves as “experts” are putting themselves at risk for a lawsuit. Referring to yourself as an one holds you to a higher standard than what your initial title may be. You are also falsifying your representation to the customer allowing them the upper hand to recover damages if taken to court. Some customers may even call it a breech of contract by referring to oneself as an expert. To avoid these situations it is best not refer to yourself as an expert and instead complete InterNACHI courses (which supports your completed education), become a Certified Master Inspector and make your company Incorporated or LLC.
The home inspector is held to a Code of Ethics in this situation. I would explain this to the seller and proceed with the inspection. In said inspection I would document in detail any damage that the roof has sustained.
A home inspector could be requested by a homeowner or realtor to “look past” a known plumbing issue and related pool in the crawlspace. The InterNACHI Certified Home Inspector would decline this unethical offer knowing that it would not be acceptable with InerNACHI’s code of ethics.
If any damage is done during the inspection process it is required that the inspector inform all parties involved in the sales process. It is a Code of Ethics breech if you do not inform them of any damage you have done.
Got a phone call or met in person a real estate agent that a willing to promote my home inspection services to his clients for a small commission from each home inspection that was done and paid for. I will just explain politely that by the InterNACHI Code of Ethics, I, as InterNACHI Certified Home Inspector could not do that.
Doing damage during an Inspection
Inspecting a home comes with many responsibilities and required risk. Inspections require you to perform a non-invasive, visual examination of the home’s systems and component that is designed to identify defects. In the process of fulfilling your duties as a home inspector you may encounter items that break like door knobs that fall off when turned, faucet fixture handles that break when operated, fireplace dampers that pull off or even break when tested and ceiling fans blades that fly-off when turned on. This is not a time to panic and pull out the check book. This is not your fault or responsibility to make repairs. The home inspector is there to test and inspect these items under normal operating conditions or use for the client. This is the job of the home inspector, to find deficiency’s, to point out what is wrong with the home. The client will thank “you” for finding the deficiency’s and not them after they have purchased the house.
Doing Damage During an Inspection: It’s Your Job
What did I learn from the article above?
By braking or damage the staff of material defects, during properly performed home inspection, that might lead to safety, health or structural issues might safe you and your client from potential future lawsuits.
The Dangers of calling yourself an expert. While one may be tempted to label themselves as an expert in different aspects of the business in order to grow a customer base it is imperative that you do not. Doing so can put you in a position where you are required to prove the claim should things go awry.
During an inspection, the balusters were found to be 6 inches apart. The seller, then asked the inspector to fix the problem for a fee.
As the inspector, I would inform the seller that per the InterNACHI Code of Ethics, specifically, Duty to the Public 11; I could not perform the repairs requested. Furthermore, I would tell the seller that any home I inspect would require no less than a year in between inspection and time of repair in order for me to be ethically allowed to perform such repairs. In addition, I would tell the client that I do not do construction/handyman repairs to avoid the situation all together. Lastly, I would provide a recommendation for a local handyman/contractor to perform such repairs.
The house seller slips a sealed envelope through the cracked window of the car. You have driven off without noticing the envelope. Only to realize the envelope when you got home. what should the home inspector do at that point and time?
You never want to be accused of failing to note a water line leak, or–worse–causing water damage because you forgot to turn off a fixture. One way you can prevent this is to take some photos of the water meter just prior to leaving the property.
InterNACHIs Drone Law Primer for Home Inspectors
After reading this article on Drone Law regarding home inspectors, I have learned there are many important things that must be done before incorporating the use of a drone when conducting home inspections. The main two take a ways the article addresses is that you must obtain your Remote Pilot Certificate and register your drone with the FAA. Both of the certificates must be on your person when operating the drone. Other suggestions specifically pertaining to home inspectors include: ensuring your drone is covered in your insurance policy, check with neighbors before operating, have your drone properly marked and carry FAA rules and regulations with you.
The article also goes into great detail about preparing to take your test, the fees, study time and time lines on receiving your license. Other helpful links are given to ensure you can fly in specific airspace and accident reporting.
Overall, a great introduction for home inspectors intending on incorporating drones in their inspections. I would encourage all InterNACHI members to read this article (https://www.nachi.org/drone-law-home-inspectors.htm) if they want to use a drone.
We as InterNACHI inspectors cannot not perform the duties we swore to do. We cannot cut corners. In the case where the customer ask for us to cut corners we must kindly tell the customer that we cannot do half jobs but must do the jon properly.
Roof inspections
Some defects you have to search for, and some are pretty obvious. These first two defects were obvious from the doorway:
improper alterations; and
improper bearing points.
Trusses cannot be altered in any way without the approval of a structural engineer. When you see plywood gussets added at truss connections like these triangular gussets, then an alteration of some sort has obviously been made and you have to recommend evaluation by a structural engineer. So, that condition went into the report
According to Section 2 - Duty to the public clause 8 of the InterNACHI Code of ethics, the InterNACHI member shall always act in the interest of the client unless if doing so violates a law, statute or the InterNACHI code of ethics. By “going easy” on the roof’s condition as per seller’s request, the home inspector would have violated the InterNACHI code of conduct and would have further misled the buyer.
My hypothetical situation is a horizontal crack in a foundation. The seller is leaving as we arrive and says hey “I had the foundation evaluated by a contractor and he said it is only gonna cost $800 to repair it and i gave them a credit for it in the sale.” Now being an inspector and working for the buyer I have to take their best interests(ethics) to heart and would still call it a major concern in the report because I am just here to find problems and recommend engineer or contractor evaluation for repair. I would never be rude to a seller and would let them show me what they are talking about but would wait for my client and explain my concerns to my client despite the sellers request.