While performing the inspection, the inspector notices the presence of drug paraphernalia in one of the rooms. Does the inspector report it to the authorities? Do they ignore it? I believe that because this does not have any impact on the actual structure the only thing to be done is report it to the proper authorities.
I read the article “Doing Damage During an Inspection”. This article discussed who might be at fault if something were to break during the inspections. If something were to happen while inspecting, it is not the fault of the inspector. The inspector was only doing their job of identifying hazards or defects, and they happen to find one, potentially saving the client headache and money in the future.
Labeling an inspection service or inspector as a expert is a very risky decision. When operating under this label the clients are likely to expect the inspector to operate at higher standards than others in the industry. This label can also give grounds for a breach of contract because the inspector is not technically rated as an expert in the industry.
If a seller were to ask and InterNACHI Certified Inspector to go easy on the roof then the inspector should tell the seller in a calm professional way that he is not here to tear apart the home and exaggerate or minimize issues with the home. The inspector needs to state that they are there to simply get the facts good or bad for the potential buyer.
When somebody refers to themselves as an “expert”, the courts will hold them to a higher standard. This means that an inspector could make an honest mistake and over look something that cost the home owner money down the road. The courts may have seen a regular inspector and realized that it was an honest mistake but when they see “expert” they may see it as negligence and this could have serious legal repercussions.
It is the home inspectors duty to preform an honest and thorough inspection on all areas on the house. The home inspector should assure the house seller that he/or she will be fair and honest regarding the condition on the roof.
The article I chose to review was titled Asset Protections for Inspectors. After studying the article I learned that it is extremely important for an inspector to “invest in legal asset protection strategies to keep their business assets separate from their personal asset” . To do this an inspector must incorporate, use a family limited partnership, purchase professional liability insurance and keep major assets encumbered.
First I would let the home owner know that, I work for the buyer, not for him,and what I find on this inspection,of this property i will make a reportI have code that I go by and nothing will make me go against the code
Article read: I formed a corporation or limited liability company. Now what?
Reading this article shows the entrepreneur how to maintain and support the integrity of the corporate veil. Some of the best techniques are, but not limited to, being diligent in keeping the entrepreneur and the corporation separate entities, separate banking, separate payroll, proper accounting and tax payments, not mixing business expenses and personal expenses, and make sure that it is obvious to the public and your clients that the company is LLC or incorporated and the entrepreneur is acting as a representative of the LCC or corporation.
I was recently involved in a situation where a family member was buying a home so I accompanied them on the home inspection. When we arrived the seller and their agent was there. Several times the seller mentioned to the inspector that the electrical in the garage was recently re-wired and there was no reason to inspect it. The inspector, rightly so, told the seller that if that was the case it should make his job easier and he would still have to inspect it. On further inspection the garage was found to have several code violations.
Suppose there is a situation where a radon measurement test is being picked up and upon arrival to the home, the home owner has a window opened. Ethics would require the test to be re-taken regardless of the potential insistence of a home owner, as the open window could produce an inaccurate test.
Recently inspecting a clay tiled roof where two garages of different sizes were joined with a common wall. The larger garage extended out farther than the smaller garage. The flashing alongside the larger of the two garages ends abruptly as does the roof line of the smaller garage. The flashing did not appear to divert the water away from getting behind the larger garage siding. Inspected the interior of the larger garage for any water damage, non found! No water damage anywhere! Due to the clay tile and 11 years age of the garage, I was not going to crawl up on the roof to further inspect. I did take a picture of the area in question and recommended further evaluation from a qualified roofing company who specialized in clay tile roofs.
Regarding the above stated situation in which the home seller requested that I “go easy” on the roof condition, I would likely handle the inspection the same as I would for any other inspection. My job as an inspector is to provide the best possible service to my client and also follow all laws regarding home inspection. providing a report on a houses condition that is incorrect only serves to give the home buyer incorrect information, as well as do damage to the reputation of not only myself and my company, but to InterNACHI as well.
I read from the essay ‘I formed a corporation or LLC, now what?’ It was a good article and illustrated the importance of maintaining separate business and personal finances. Should a court determine finances are not properly handled, one may be opened up to the ‘piercing of the corporate veil’ and be held personally responsible for all business liabilities.
Education, education, education!!! One has room for more education. following InterNachi’s code of ethics and standard of practice alone will not keep away the potential lawsuit. Continuing your education will help in all aspects of writing a good quality inspection report. Always write to protect yourself and follow it up with pictures!
If a Home Inspector Misses Something.
This article discussed the fact that no one is perfect, and that anyone can make a mistake and miss something during a home inspection. The article discussed possible issues that may occur from a missed item, some small, some large. How you as an inspector should evaluate every situation, and to handle those events in a professional manner. As part of the contract process, it is recommended that the client be aware of what, in part, the inspection involves, and that it is not a highly detailed, every square inch inspection. Provide the client with a copy of the InterNACHI SOP in a read-and-sign document. This will not only help your client to understand what will be taking place, but will also provide you with some solid documentation in the event of having to go to court.
If the home own ask me to go easy on any part of my inspection but we can use the roof that was in the example.
I just smile and say I’m sorry I can not do this and provide my service the way I always do. I would inform my client of what the homeowner said. I would do this so they would be looking out for other possible lies or the if the seller was trying to lead them in the wrong direction.
It would work the same way if my client want me to lie about something so they could try and make the owner pay for it.
My name and reputation means more to me than a few bucks.
Example: the house seller requests that the home inspector go easy on the roofs condition. I would inform the seller the what he or she wants my to do is against the law. I would also inform the seller that my report will consist in great detail of any and all findings I found during the inspection of the home.
The Dangers of Calling Yourself an Expert. I read this 3 times I want to make sure I never make that mistake. It as easy term to use, but after reading all the court case, I can see this would not be a good way to go. I was married to a Lawyer for many years so I know seconded handed how the court system works. So better safe than even if you are a roofing expert be wise to leave that word off your marking.
If a home inspector claims to be an expert, a court may hold the inspector to a higher standard. This is particularly true if the inspector claims to be an expert in a specific aspect of home inspections. It is best to not refer to yourself as an except in any type of inspections.