When put into a situation where the owner would like me to take it Im easy on them I would simply explain that my hands are tied and that I have to inspect in accordance with the applicable code due to not only protect my career but also to keep the owner safe in a code compliant structure.
The seller of a home is asking me to make minor repairs to his/her property as I do the inspection so that they will receive a more desirable offer on the home. I must adhere standards and ethics. I will explain that I am unable to do that, and also tell them I will do a fair and unbiased inspection of the home in its current state. I would believe that the home owner were to get a copy of the inspection from my client whom requested it he could then have the minor repairs completed on his own.
“Doing Damage during and inspection. It’s your job”.
I was thinking exactly what the article said at the beginning , that I would start calculating a discount for the client. But, after reading the article I have come to understand that apart from doing something like putting my tool box through a window, that breaking or damaging something while attempting to make sure that it is functioning the way it is designed to function I have just “done my job” for the home owner and the buyer. So I would not need to panic for breaking a door handle or the light switch for the basement stairway.
In the event that the homeowner asks a home inspector to give any opinion other than the true and fair assessment of one of the homes systems or system components, the request should immediately be denied in a calm and respectable manner. Home inspectors are first and foremost representatives of their clients who are attempting to purchase a home. This relationship is built on trust and that trust should never be compromised for any reason. Our clients rely on us to give them accurate and honest inspection results. We are here to protect their investments and the safety of their families.
To avoid lawsuits Ive learned to never be a sole proprietor or partner in a corporation to limit my responsibility as an inspector. Ive learned to instead have limited liability or to become a master inspector to deter lawyers from Pursuing a case against my work
a home inspector may come across a situation during a inspection that a realtor may say that she needs this sale. And will throw something his way if he looks past the hvac system and duct work. I would let the realtor know that I am a biased party and I am here to protect my client in any findings I may come across.
You are asked by the seller to make a repair to the electrical panel so that they could move on to closing.You explain to them that if you find a safety hazard within the panel, it will be marked as such in the report, and that they have a professional electrician evaluate the main panel.
during a home inspection you may come across many things that are on the verge of breaking . or you may end up breaking during the home inspection. if your on the roof and find a weak spot and your foot goes threw . and another example a ball valve may break during normal operation. which is good that it happened due to the fact you can now educate your client of the serious defect and immediate repair issue. It is good that this is found now and not later by the home owner . due to the fact they would state you missed it…and take legal action
This essay is a reflection on a hypothetical ethical situation a home inspector may encounter and how the best ethically sound course of action might look. For instance, say that during a home inspection a realtor asked the inspector to overlook a defect. As an inspector, I serve the client’s best interests and would explain this to the realtor and would call out the defect.
Per the required research and writing assignment included in this educational course, this essay addresses legal and risk management topics as they relate to the home inspection industry. An example was in the news recently where an inspector who displayed a “WDO Inspector” badge on his web-page was sued for missing termites. He was not licensed and lost the suit. Exercise care with marketing materials.
Go easy.
If my client asked me before doing the enspection for there future house I would say this. Mam/sir you asking me to go easy on your possibly future home inspection like asking me not to be completely truthful with what I will find in this house. I am required by internachi to be the upmost truthful and communicative with you about my findings.
During an inspection of an older home, I was crawling through a closet/storage in the eve of a cape style home where I found an open area in the floor. Upon shining my flashlight in the space between the floor joist, I noticed that there was Vermiculite insulation in addition to fiberglass present. Knowing the age of the house and the age of the most current renovations, I was suspect that the Vermiculite MAY contain Asbestos. My recommendation to my client: OPTION 1 “The home you are considering purchasing has insulation between the floors of 2 different types” OPTION 2
“The home you are considering purchasing has insulation between the floors of 2 different types - HOWEVER, my past experience has shown that there MAY be Asbestos mixed into the Vermiculite. I would suggest that you consider having a sample tested”
Client saftey
The clients safety in a home inspection is number one priority. Always be aware of where you client is while inspecting. Dont be afraid to ask the client to stay back for uninsurability of if the surroundings are safe or not.
Doing Damage During an Inspection: It’s Your Job…I learned here that any damage occurring during an inspection using normal conditions & use, is not considered something that would need to be repaired at the expense of the Inspector but should be considered by the client to be “pleased that it was discovered” by a professional.
I learned that there are many ways to protect yourself from a lawsuit. Having the correct business classification such as an LLC is a great way to protect yourself. Beyond that though living by the standards of practice and becoming as well versed in the profession as possible is the best way to protect yourself from lawsuit.
Three Pictures; What I learned from reading Three Pictures? Not only does taking three basic pictures at the end of your inspection cover your tail, it also is used to promote your business. And, it is used as a teaching tool for the new homeowners. Win,Win.
I would think that the most common situation to face, will be a Real Estate agent pressuring the home inspector to avoid serious defects.
Those serious defects could be a deal killer and for that the Real estate agent could even threaten the home inspector with never calling him again for another inspection.
In reading Asset Protection for Inspectors, it is quite obvious the possibility of litigation will surface. Protecting ones personal assets by incorporating would offer the protection needed if being sued and should be initiated before dealing with the public. However, most litigation can be avoided by strictly adhering to the Code of Ethics, SOP, continuing education, educating the client of what a home inspection consists of and the use and signing of the agreements and contract documentation offered by InterNachi.
I read the article names “credit scores”.
Is a fascinating article, because all your “life” is tied to the financial report that other people made in behalf of your name.
It is a necessary thing in your life to have, because otherwise, trying to get approved for a loan would be a very subjective issue.
As a home inspector you must obtain a license to fly small drones commercially. Once a license has been obtained any accidents or incidents controlling the drone must be submitted to the FAA under their regulations. A Home Inspector shouldn’t refer to themselves as an expert. This is for legal reasons, calling yourself an expert can land you in more trouble in the court system. An expert is someone who is at the top of a field with years of experience and training. Even an “expert” should avoid using that term.