This issue needs to be addressed immediately before the inspection begins. The client/agent/seller should be informed that inspections need to be impartial. Inspectors have strict standards and obey the code of ethics. It is extremely important they don’t deviate from their normal practice no matter the client or situation.
A home inspector requires to be well trained and versed in many areas including contract writing if they do not have a lawyer. All contracts should be concise, easy to understand and detailed to cover the legal scope of the contract. It must contain the parties agreement as well as the duties and limitations of the home inspector.
I’m here to do great satisfaction job for you.im like a Referee And I have to call it like I see it. I’m a Trained inspector and I will have a professional inspection report for you when I’m done. Thanks Anthony
I’ve learned the best way to avoid a lawsuit is to be truthful with your experience. Although everyone wants to stand out from there competitors it’s important to be truthful and not label yourself a “expert” unless your willing to defend yourself in court. Another good word to use would be “experienced.”
#13 Include InterNACHI’s “Estimated Life Expectancy Chart” with every report. In addition to providing language in the report that the inspection in no way is guarantee or warranty of the life expectancy of systems it provides the client with a general outline on what to cost to prepare for.
X-ray fluorescence is an analytical method using emission spectroscopy to identify the presence of specific elements in most materials. Every element has a unique emission signature, making it possible to quantify the presence of an element by the relative strength of the emission.
In reading the article “Easy Steps That Help Home Inspectors Avoid a Lawsuits” by Nick Gromicko, I couldn’t agree with you more that is essential to have a caution sign, especially on opened floor hatches on crawl spaces. I personally know a plumber who had a client fall into an opened unmarked floor crawl space that latter sued him for her injuries.
Yes, the home inspector should not claim that he or she is an expert. The reason is legal problems could show up for when a customer is unhappy . The customer could end up sues them.When I called myself an expert creates other potential legal claims.
A home owner is trying to hide the fact that there is black mold in the attic and termites in the garage. He/she approached the home inspector to “look the other way”. The home inspector empathized with the home owner but realizes that he/she needs to stand by his/her code of ethics. The inspector explains that he/she must disclose all issues about the property. His report disclosed all findings about the property. His/her business continued to thrive because he was able to remain non-biased and remained in good standing with interNACHI and the public good.
A realtor asked the inspector to “look the other way” on the current drainage issue on the exterior. If so, the agent said he would guarantee future inspections for the inspector.
The inspector DID NOT do as the realtor asked, and reported the matter.
The inspector knew the request was wrong and basically realized it gave a true indication of the realtor’s deceitful character.
One of the most important matters a home inspector needs aside from being insured, is asset protection. To become incorporated under (e.g., a formed corporation or an LLC) gives the added protection of personal property in the event you lose in a court of law.
To the house seller that says “go easy” on the roof, I would have to respond by saying that I have been contracted to provide a fair, accurate. and impartial assessment on the condition of the roof. My report will reflect those qualifications.
A few ways in which an inspector can lower the risk of lawsuits are to never refer to themselves as an expert. Inspectors are looking at the general condition of a specific area within a property. Inspectors can post “caution- stop signs” to help clients or others avoid the risk of injury to themselves or others. And an inspector can form his business into an LLC or Corporation to separate the work and risk of the business apart from him/her personally.
(Hypothetically) I was offered compensation from a Real Estate Agent that was having trouble selling a home due to many repairs being necessary. I would professionally inform the realtor that my duties are to ensure that condition of the home would be recorded in it’s current state and any repair recommendations would be added as well. Then politely decline the agent’s proposal.
Inspection and Writing Assignment: I will instead write about a scenario that actually occurred during one of my past inspection. I discovered carpenter ants entering the wall cavity of the garage from the exterior of the home. I put it in my report and a few days later the real estate agent contacted me and asked me to tell the client that it was “no big deal” because the client was going to walk from the sale because of the ants. I contacted the client and told them about the possible damage that carpenter ants can cause in a home and the available remedies. I also told the client that although it seems intimidating carpenter ants were not uncommon in that area. I did not simplify it to “no big deal” as the agent requested, but I also did not blow it out of proportion. I gave my client an honest assessment of the situation including multiple possible solutions and encouraged him to talk about them with his agent about his options.
I’m pretty sure the client still walked, but that’s up to him, not me or the realtor.
Asset Protection. It’s important to have a plan in place should a client decide to sue for what they believe to be a valid reason. They could choose to sue because they feel you did not do a good job or they think you have the money, so it won’t hurt to try. Whatever the reason, be prepared. An easy way to stay ahead of this scenario would be to become an LLC. You can also purchase E&O insurance or lease your company vehicle. There are small actions that should be taken prior to anything negative happening, and these may be necessary to reestablish your business.
Research and Writing Assignment: I read an article on corporations and LLCs. I have heard in the past that if one owns the LLC that it does not protect them, but this article provides many ways for the corporation to protect a single owner. Primarily one must meet criteria to separate themselves from the corporation by doing things like: Having the business name on insurance and licenses; obtaining an EIN from the IRS; having a business bank account; not using the business account for personal expenses; and not using personal expenses for the business. Also, signing contracts as a representative of the company such as “John Doe, President” instead of as the owner or as oneself will help to keep the protection of the corporation.
My job as the home inspector is to have my clients best interest in mind as a third party. I am bound by my code of ethics to be truthful, honest and unbiased in what i find during the home inspection process.
After reading the Avoiding lawsuits article i learned that wording is very important in keeping you out of trouble and that you should always have a written statement of any changes. Contracts are put in place to protect us from some liabilities, they draw a clear picture of what we are doing and what we will not.
I would explain to them that I always do my job in a professional manner. As a InterNACHI representative, we have a code of ethics that we always stand behind. I stick to those high standards which keep me in business with a good reputation and I would not want to do anything that would jeopardize that but if they would prefer they could certainly hire a different inspector.