When arriving to a home that is still occupied by the seller, it’s often respectful to listen to some repairs done to the property. But once left to provide to do the duties call upon, best practice for the home inspector is to follow the Standard of Practice and if necessary provide some of the information provided by the seller.
Damages caused during a normal inspection is part of your job. If your client were to have that item break after they move in. They may think you didn’t inspect the home properly. Although it is always good to be careful during your inspection, items that break under normal conditions would be considered normal wear and tear. This is now a defect you found and can report in your report. Client will be happy you found the issue so they may attempt to get this repaired before closing.
inspector is neither responsible nor liable for the non discovery of any patent or latent defect in materials workmanship or other conditions of the property or any other problems which may occur or may become evident after the inspection of the property or any other problems which may occur or may become evident after the inspection time and date.
A situation where a decision could go either of two ways would be to grant a home seller leverage when leaving out a part of an inspection of a house. Such as an old water heater. As an InterNACHI member I would advise the home buyer/client of the older water heater and recommend that it be replaced.
A home inspector should never refer to themselves as “experts”. This could cause legal trouble down the road as the courts could hold you responsible for a faulty home item/structure if you “as an expert” deemed it satisfactory. It would be best to inform the clients before the inspection begins that you are not an expert, but very educated and experienced at home inspections.
The seller asked to go easy on the roof inspection. As a InterNachi home inspector I would have to write what I see so I would suggest that he might what to look into some other home inspectors cause I would not be able to help them out
Using the example above about inspecting a roof after the home seller asked me to “go easy” on the roof inspection, I would respond briefly and explain that how I appreciate His/Her concern of the roof, I have to inspect the roof according to current standards and practices laid out in my training with Internachi. I have to perform an unbiased evaluation of the condition of the roof in order to supply a proper report to the prospective home buyer about the actual condition of the roof.
Integrity is one of the most important characteristics of a home inspector. How would a house seller feel if the home inspector they hired for the purchase of their new home went “easy” on any system of the home they were interested in purchasing? Especially if material defects were undisclosed, creating unexpected costs to repair the home after the purchase. Doing so would damage the reputation of the home inspector and make the home inspector vulnerable to a law suit from their client.
The first and foremost is to have a signed contract that states that you are only doing a visual on all the items stated in the contract and that no way complying that I am a expert on any of said items
In a recent inspection the Sellers agent confided to the inspector that the hot water heater wasnt working anymore and would he only check the cold water in the Plumbing inspection. As the buyers were elderly and wouldnt be present at the inspection, no one would know. In return for his not testing the hot water, the agent would send business the inspectors way. The inspector refused as this would violate well over a dozen InterNACHI Ethics Codes as well as permanently damage his reputation and be illegal
Reading the article “Electronic Signatures for Home Inspection Agreements” was extremely helpful while writing my business plan and operating procedures. I originally was going to rely only on a digital signature for my inspection agreements. I am now going to include an email or text that the client must respond to detailing our negotiation for the home inspection requested as well as the scheduled service date and time.
Easy Steps That Help Home Inspectors Avoid Lawsuits
#1 Join InterNACHI
#2 Incorporate or form an LLC.
#3 Take every one of InterNACHI’s online courses.
#4 Become a Certified Master Inspector
#5 Never refer to yourself as an “expert” in your marketing.
#6 If you are going to hire a helper, use a contract
#7 Turn away some consumers.
#8 Use InterNACHI’s Pre-Inspection Agreement.
#9 Purchase InterNACHI’s “Caution” stop sign for $39.95.
#10 Take three photos of the water meter before you leave the property.
#11 Write your reports properly with InterNACHI’s library of narratives.
#12 Use InterNACHI’s 24/7 On-Site Help Button.
#13 Include InterNACHI’s “Estimated Life Expectancy Chart” with every report.
#14 Use InterNACHI’s “Now That You’ve Had a Home Inspection” home maintenance book.
#15 Use InterNACHI’s Client Satisfaction Survey.
#16 Use InterNACHI’s free Issue Resolution Service.
#17 If you settle a dispute with a client, get a signed release and a letter of reference.
#18 Participate in InterNACHI’s “We’ll Buy Your Home Back” Guarantee.
#19 Read "SLEEP WELL: A Home Inspector’s Guide to Managing Risk.
#20 Carry Errors and Omissions (E&O) Insurance.
Building on what I learned in the article “Avoiding Lawsuits”, not referring to yourself as an “expert”, this rings true on many levels. Referring to yourself as an expert could make things worse, especially if things get legal. You don’t want to put yourself higher that what you are doing. As an inspector, I believe that you are giving your client a general idea of the condition of the property. When you see a condition or situation in or on a property, I feel that they should be noted in your report and referred to be further investigated by a licensed professional in that field. They are the true experts and are more qualified to give an opinion on the concern in question.
Doing Damage During an Inspection: It’s Your Job
This article lightly defines the liability to an inspector should they break something while performing their job. In summation, it argues that an inspector should not feel moral or financial responsibility to repair something that they broke, provided that the item broke during the course of normal/typical operation and/or the item was in a state of imminent failure. "Its your job [to break things] is potentially misleading because the inspector should also perform their duties with care and with the self awareness to realize when opinions on condition are more prudent than proving condition.
Realtor expects a bird-dog fee or other compensation for suggesting your business -
I have heard stories of realtors desiring a bird-dog fee for steering business toward specific inspectors. As a consequence of morals and ethics, the inspector must not provide such fees. Regardless of personal and professional ethics or the legality, the optics of such arise questions in regard to whether one’s expert inspection opinion being wholly unbiased and accurate. If the prospective client demands such fees, the inspector is to move on to new business. If the inspector does quality work, the inspector will have little problem proving their worth to new clientele.
If the home seller requests the inspector to look the other way about the off level air conditioning compressor the home inspector must inform them that they will not minimize any defects in the home they are inspecting or over look them.
Using an approved and legally binding pre-inspection agreement protects the home inspector in the event of any legal issues or litigation arising from errors or omissions by the inspector during the inspection of a home or related structures. The agreement should be approved by the state the inspector is licensed in.
I inspected a home for ceramic tile discoloration. The homeowner explained she purchased the ceramic tile in Venezuela 4 years ago during a family trip. She noticed the appearance of rust colored stains after a plumbing leak in the kitchen but cant seem to remove the stains so added the floor to her insurance claim. After my examination I informed the homeowner that the tile is composed of stone not clay, submitted my report in which she thanked me. The client used my report as a supplement to her claim.
It is EXTREMELY important to research a buildings history prior to purchase. Undisclosed renovations done without permits may become a money pit quite quickly. Causing new owners to remove, inspect, and replace area(s) of the property that are not in compliance of current building codes.
Take time to research the propertys permit history in addition to having a qualified InterNACHI inspector assess it for overall integrity.
A home inspector is pulled aside at the beginning of his inspection by the real estate agent and told that if he “passes” the property in his report then the agent will use his services again. The inspector should inform the agent that he will do his job on this inspection to the best of his ability and if working for the agent again will mean compromising his integrity then he would rather not work for this agent again and the inspector should inform the agents broker of the situation.