I read the article Anti-scald valves. Anti-scald valves are designed to automatically mix hot and cold water to a temperature that can not scald. Scalding water is a safety concern, especially for children. 2,000 children a year in the U.S. received serious burns from scalding water.
Probably one of the biggest fears a new inspector has is missing something that may or may not have been obvious. I also believe that the inspector sometimes may be the " fall guy". Always be a professional about it and realize that we are still human.
The best thing an inspector can do to protect himself from a law suit is insist that the client sign a written contract before the inspection. The contract should explain what the inspector will and will not do. Also join InterNACHI and become an InterNACHI Master Inspector. Never use the word expert as an inspector we are generalists. Educate yourself and complete InterNACHI courses a certificate of completion will be dated. Write thorough reports and follow the SOP.
There are many houses in my area going on the market that are in a delapadated state from lack of repair and or misuse. Its logical to assume that some of these houses will likely have several areas of structural compromise or cover up repairs where it would be likely they will not receive a positive bill of health from an inspector. If I were asked to overlook or omit any of these discrepancies in my report I would have to either go foreword with the inspection and ethically report according the SOP or refuse service on the property and walk away from request for inspection.
According to the SOP we are required to poke and prod and disturb the systems of the home we are inspecting. It is assumed that some damage will be done to the home when testing for say wet and decaying wood. When inspecting the plumbing system special care should be taken to not damage any plumbing to the point where it could start leaking. I know from experience that messing with corroded water valves often causes them to start leaking immediately. The SOP advises against handling any water valves that appear to be ready to leak if touched. Should a plumbing problem arise after the inspection is completed it is advised that three time lapses and consecutive pictures be taken of the water meter to show that it is not or perhaps is showing positive flowafyer all valves have been closed. This is an excellent means of proving a lack of liability for any future water dammage on the inspectors behalf.
An InterNACHI Certified Home Inspector is expected to perform an unbiased inspection, in the interests of the safety of current and future occupants. An Inspector asked to “go easy” on an inspection should make it clear that he or she will be objective, and if necessary refuse to perform the inspection.
InterNACHI founder Nick Gromicko advises that it is sometimes wise to turn away potential clients. Clients who start out the transaction by being difficult are only likely to become more so as time goes by, and are probably the most likely to be litigious.
As an InterNACHI Certified Home Inspector I am held to, and enforce a code of ethics as well as a Standard of practice that I operate within and perform on every inspection I make. Each inspection is unbiased and as informative as possible.
While the seller, of course, has much interest in the result of an inspection, the inspector must remember that they are not working for the seller. They have been hired by the potential buyer and it is incumbent upon the inspector to give a fair and honest assessment of the condition of the roof to their client. This is critical information that their client will use in determining whether or not they want to pursue making an offer on the property. The inspector should not discuss their assessment of the condition of the roof with the seller since that information is privileged to their client, the buyer.
Referring to yourself as an “expert” holds you to a higher level of expectation and accountability if you were to ever find yourself in a lawsuit. I have also learned that an inspector should carry error and omissions insurance in the event of a lawsuit or missed element in an inspection. Even the vernacular an inspector uses can be damaging to your report and reputation.
InterNACHI is the world’s largest inspection trade association. InterNACHI Membership is evidence that you are the type of inspector who voluntarily goes above and beyond the minimum requirement.Attorneys fear going up against an inspector who knows what he/she is doing and knows the laws regarding his/her profession.
Ethical practice by Home inspectors within the home inspection industry is like back bone of the industry, transparency and mutual trust between client and Home inspection industry should not be jeopardized by offering favors and adopting unethical practice for personal benefits. It’s highly recommended to inspect the home with equal & stringent yard stick irrespective of personal connection with the seller or buyer.
I would report the condition of the roof exactly as it is and explain to the client that my job as an inspector is to remain impartial and report the condition of the roof exactly as it is. I would not take it easy on the roof, I would do my job.
I would report the condition of the roof exactly as it is and explain to the client that my job as an inspector is to remain impartial and report the existence of deficiencies as they are. I would not take it easy on the roof, I would do my job.
When performing an inspection, the inspector is rightfully cautious and careful not to cause damage to the property being inspected. There are times, however, when something will break when it is operated or tested normally during the inspection process. For instance, an inspector may be checking for the secure attachment of hand rails and banisters, and a newel post could crack. The inspector should understand that this is not something for which they are liable to repair. Rather, they have identified something that was defective and in need of repair, which is what they have been hired to do by their client.
One code of ethics requirement is this: Members of other associations are welcome to join InterNACHI, but a requirement of membership is that InterNACHI must be given equal or greater prominence in their marketing materials (brochures and websites) compared to other associations of membership.
When we bought our home, the home inspector found a few minor problems, most of which have been repaired. Now that we are selling, the buyers inspector wrote up a major laundry list of defects. We think he did this to help the buyers force down our sales price. So now were in a bind. We can lower our price or cancel the deal. If we cancel, well have to disclose all of the home inspectors supposed defects to other buyers.
InterNACHI’s Code of Ethics requires me not have a conflict of interest with the client. So I need to tell this seller that I must be honest in my assessment of the roof. So I would conduct my inspection in a normal manner, reporting what I see.
Follow these steps to avoid a lawsuit. Form a LLC. Become a Certified Master Inspector. Use a pre-inspection written agreement & a caution stop sign. Photograph the water meter before leaving. Include the Estimated Life Expectancy Chart in every report. Use InterNACHI’s Client Satisfaction Survey and Issue Resolution Service. These will help you avoid a lawsuit.
One of our main duties is to act in the best interest of our clients, unless it would violate a law. Going “easy” on the roof inspection goes completely against that. I want to provide the most thorough, in-depth roof inspection possible. The roof is a MAJOR component of the home and I do not want to miss a thing.