Calling yourself an expert, creates more problems for you if you get taken to court. Inspecting a home in 2 to 3 hours makes it very possible something could be missed. When you carry the title of an expert people assume nothing could be missed .
Seller of home says, “How much will it cost me to get a copy of that report?”
Myself (Inspector), "I am sorry, but the report is the exclusive property of the buyer (my client) and I am not permitted to discuss or supply a copy to anyone but my client. I am sure that the buyer and their agent will address any issue discovered with you.
Inspector to Client, “I will need to meet with you prior to the inspection to sign contracts and receive payment”.
Client Response, "I can’t be there the morning of the inspection, but I am giving my Agent a check, made out to you for the inspection. They will meet you at the house, get you inside and take care of everything.
Buyer (Client) has implied agent has the authority to sign.
These areas of what appears to be different concrete materials installed for the exterior perimeter foundation walls at various elevations. The concrete appeared to be smoother material and appeared to have been replaced post original foundation pouring. No major signs of defect were observed at the time of inspection regarding this.
These areas of what appears to be different concrete materials installed for the exterior perimeter foundation walls at various elevations. The concrete appeared to be smoother material and appeared to have been replaced post original foundation pouring. No major signs of defect were observed at the time of inspection regarding this.
Roof appears to be in poor condition. Asphalt shingles show signs of major wear, blistering, and moss build up in several areas. Seller was unsure the age of roof but it has well past its useful life. Recommend budgeting for new roof.
A real estate agent recommends an inspectors services to a client. The client has called the inspector and scheduled an inspection on a property. The day before the inspection, the agent calls the inspector. The agent informs him he and his client need to close on the house by the end of the month and cant have anything hold up the loan. He states that he and the buyer are aware of the roof leak and broken window. He asks the inspector to exclude these conditions from the report. He then adds, the faster he can help the agent close on properties the more he will recommend the inspector.
The inspector should tell the agent I could not do that. For my clients sake and my own, I am obligated to report on the condition of the house the day it is inspected.
After the introduction to the Client by the Sellers Real Estate Agent and after the Client and Buyers Real Estate Agent moves away from us and before starting the inspection, the Sellers Real Estate Agent informs me that stain on the lower Master Bedroom wall is not a water leak stain but the old paint bleeding through. I noted the comment.
During the inspection of the Master Bedroom, I did notice the stain on the wall, but it did not appear to me to be a bleed through of the prior paint, but a water mark stain.
On the other side of the wall was a guest bathroom. The bathroom sink/vanity was located on the opposite side of the Master bedroom wall with the stain. I open the cabinet doors and notice water marks on the back side of the cabinet and observed newer looking hot/cold water connections as well as a newer trap.
My report read:
The guest bathroom sink/vanity was observed to have water marks on the back side of the cabinet and had newer looking hot/cold water connections as well as a newer trap. There appeared to be water damage at some point and this location is on the opposite side of the Master bedroom wall with the stain. Therefore, it appears that the possible water damage was through to the adjacent Master bedroom wall. Recommended that a painter be obtained to provide suggestions on the approach to remedy Master bedroom wall stain and to obtain a contractor to ensure that the drywall where the stain is located is in good condition or needs replacement.
It was unethical for the Sellers Real Estate Agent to inform me that the condition on the Master bedroom wall was a paint bleed through and to insinuate to writ it as write such in my report.
In a hypothetical situation in which an inspector is requested to inspect a home in which the seller is a close friend, the inspector should decline the work because the relationship could compromise the inspectors judgement or could be perceived as a personal conflict of interest.
The article chosen was regarding forming a limited liability company. Inspectors are encouraged to form LLCs to protect themselves financially since the owners of an entity are not personally liable for the debts of the entity. Important actions when forming an LLC include obtaining an Employer Identification Number, keeping personal assets / accounts separate from the business assets / accounts, filing tax returns for the entity, and ensuring that your customers understand that your business is an LLC.
As a home inspector it is my duty to the public, home owner and my client to give an unbiased view of what I believe the condition of the house and its components to be. I will be straight forward in my opinions and upfront about my ethical policies.
It is very important that the client has a clear understanding of what a home inspection covers and does not cover. The client can be made aware of this by discussing the Standards of Practice set forth in the contract and giving them the link to InterNACHI’s new client page. This page will make them aware of some of the "systems excluded " so they will have a better understanding of what is covered. If we do “miss” something it is best to address it promptly and professionally.
I read the article about avoiding lawsuits. There are 20 bullet points and A video. Every point was important and I plan on following all of them. An interesting practice that I have not thought about, but will incorporate into my home inspections is taking a photo of the water meter after my inspection.
The house seller requests that the home inspector “go easy” on any particular component or system of the home. In response to such request, I would state that according to InterNACHI/State Code of Ethics I am required to be truthful in my home inspection report, and that is for the benefit all parties who have interest in this home, including the seller.
In this research and writing assignment, the article on “Can a Real Estate Agent Sign the Home Inspection Agreement on Behalf of the Client,” was observed. There is a strong recommendation that the client signs the home inspection agreement. However, in some cases, this is not feasible when the client resigns out of state. In this case, it is common that the real estate agent would have an “Authorized Agreement” with the client, which gives authority to the agent to sign the home inspection agreement. When faced with such situations, some good practices for the home inspector would be to confirm with the client/agent proof of the “Authorized Agreement,” and when the agent signs the home inspection agreement, it would be ideal that he specifies next to his/her signature “Authorized Agent.”
A situation arises where the buyers real estate agent says to over look some degrading details of the homes attic because it may deter their buyers from wanting to purchase the home. One option would be to leave some defects of the attic out of my report so the real estate agent gets the sale and may recommend my home inspection services more often. This option would be a disservice to my client. The other option would be to ignore the real estate agents request because my client, who is paying me for an inspection,is paying for a service to help protect one of the biggest investments they may ever make. The ethical option would be the second option.
I read the electronic signature article. I learned that New York is one of the states that has not accepted the UETA act. Being that most home inspections are performed interstate, there should always be some sort of writing associated with the electronic signature. The written consent of a client via Email, Fax, or text message can be considered legally binding in court associated with an electronic signature.
I can understand what you are saying I would be able to do that I have and to to follow rules because my Integrity and reputation is on the line. I have to report my findings I hope you can understand
I understand What you are saying I need to report my findings and document them I have my integrity and reputation on the line I pride myself in the work that I do I hope you can understand where I am coming from
One example of a situation that would place an inspector in an unethical situation would be doing an inspection for a friend on a house with known issues. In this situation the inspector must continue to abide by the ethics and standards of inspectors. Many times people expect friends to bend the rules in the industry. This would be unethical and the inspection must be completed the same as all other houses.