Theres a lot of mistakes that could accumulate overall but we must be very professional and as accurate as possible, So thats theres no lawsuits so we must be not only safe but aware of ourselves and are clients wellbeing.
In my inspection report to the client, I indicate that there are two breakers that are oversized for the conductors. The realtor offers me some extra money to install the correct breakers prior to closing. I must refuse this offer since it would go against the InterNACHI Code of Ethics.
There are several steps that help home inspectors avoid lawsuits:
- join InterNACHI
- form an LLC
- take all InterNACHI online courses
- become a Certified Master Inspector
- never say you are an expert.
- use a contract if hiring help
- turn away difficult clients
- use InterNACHIs pre-inspection agreement
- purchase InterNACHI caution signs
10)take three photos of the water meter before you leave the property
Stay tuned for steps 11-21…
Disclosure: Following an inspection a real-estate buyer broker may ask that I “just” send a copy of the inspection report to him/her. Or they may ask to simply send a relevant excerpt for the purpose of negotiating with the seller or the sellers agent. It would not be appropriate to do this without prior authorization of my client with whom I have established a contract. Nobody else should be privy to the inspection report unless the client has previously authorized it. I would get authorization in writing.
By following all of internachi code of ethic an inspector is most likely going to succeed from honest and integrity. Dishonest inspectors do not tend to be in business for very long and will always carry a bad reputation for their lifetime.
All of us try to avoid lawsuits at all cost. However there is always that one client that is just looking for ways to blame the inspector for any problem they find. Our company has had clients trying to sue for burned out light bulbs.
The home inspector should inspect the roof and come up with their own conclusions of conditions of the roof. After inspection, write your report by unbiased conclusion. Discuss this with your customer. If news is good or bad, it must be pointed out to each party and have them come up with their solutions. Our job is to find problems, not create them.
When I arrive at the home to be inspected, the seller asks me to not include the water stains on the ceilings in the report, because they are worried the sale could fall through if the buyer thought the roof actively leaked. It’s a home inspector’s job to report his findings in without partiality or bias, so I have to put them in the report. After explaining this to the seller, I would also explain we will be reporting upon the entirety of the house, and if there is no evidence of an active leak, that will be reported along with the ceiling stains.
I can imagine a situation where the real estate agent is asking the inspector to take it easy when judging the condition of the house as not to mess up the sale. There may also be some financial compensation offered for a low quality inspection. As InterNACHI Certified Home Inspector would advise the real estate agent that i have a duty and obligation to my client ans InterNACHI to be honest and upfront when completing a home inspection. I would not accept any compensation to do otherwise.
While inspecting the living room I notice a stain on the ceiling. The homeowner states that the stain is from a leak at the air handler that was fixed a few days ago and that it may still be wet. He assures me that there is no longer a leak and asks me not to include it on the report. I explain to him that my job is to be truthful and to report my observations in the course of my inspection.
I read an article on drone usage increasing in home inspections. I learned the importance of registering your drone and being certified to fly it in a commercial faculty. There can be very hefty fines associated with violating these laws.
After reading the article “how to avoid lawsuits” I have learned that you must be knowledgeable of every aspect that goes into a home inspection. A mistake made in the process before, during, or after a home inspection can result in legal liabilities. By forming a LLC you can enjoy limited liabilities. Being educated in the laws surrounding home inspections, getting E and O insurance, and having your clients sign a pre-inspection agreement are just a few ways to protect yourself from being burdened by a lawsuit.
As a member of InterNACHI, we should abide all the rules and be truthful to our profession, so i will not make compromise with customer, whatever i see i will write it down and let buyers and sellers know what is wrong with the roof.
The basements are typically the area of the structure of most at risk for water damage because they are located below grade and surrounded by soil.when Soil releases water it has been absorbed during rain or when snow melts, and the water can’t end up in the basement through cracks or leaks. Water can even come through solid concrete walls. Wet basements can cause problems that include peeling paint, toxic mold, building rot and foundation collapse. Poor roof drainage and surface runoff do to get her defects and in proper site grading maybe most common cause of wet basements. If the downspout is good it should run water at least 10 feet away from house. The finish grade should be sloped away from the building for 10 to 15 feet. A shallow ditches call swells should be used in conditions where one or more sides of the building face and upward slope. The swale should slope away from the building for 10 to 15 feet at which point he can’t empty into another swale directing water downhill side of the building.
Basements is the area of a structure that has the most at risk for water damage because they are located below grade and surrounded by soil. When soil releases water it has absorbed during rain and the water can end up in the basement through cracks or leaks. Water can even come through solid concrete walls. A wet basements can cause problems that include peeling paint, toxic mold, building rot. Poor roof drainage and surface runoff do to get her defects and in proper site grading maybe the major reason of wet basements. A good downspout should lead water at least 10 feet away from house. The finish grade should be sloped away from the building for 10 to 15 feet. Digging shallow ditches call swells should be used in conditions where one or more sides of the building face and upward. After digging a swale should slope away from the building for 10 to 15 feet so it can empty into another swale moving water downhill side of the building.
Prior to the inspection the seller request that the inspector overlook a rusted out 15 year old water heater. Seller advised that they need the sale to go thru fast and will put a new one in after the inspection. Seller advised that they will compensate the inspector with cash after the closing. Following the InterNACHI code of Ethics, the inspector would advise the seller and parties involved that he would not be overlooking the defect or any defects during the inspection. Inspector would advise that he will not be excepting any undisclosed profits or benefits from the sale of the property.
I can see a situation arising where an Inspector could develop a close relationships with local real estate agents and the agent , having given multiple inspections to one particular inspector, could potentially expect some benefits in return, maybe in the form of a “lighter” inspection to help along the sale of a home. If i were the inspector in said situation, I would let the agent know , as respectfully as possible , that this is simple not something I could do as it goes against the interNACHI code of ethics as well as my own. I would show appreciation for the numerous inspections i was given by them and perhaps offer to give any future clients a discounted rate for repeat business.
I believe the easiest way to avoid any lawsuit in this profession, it to be as honest and professional as possible. Make sure the client realizes that an inspection is a non-invasive, non-exhaustive visual assessment of their property and its components and as an inspector I am able to comment on certain visual decencies and hazard that are accessible at the time of inspection. And that any issues that are found should be consulted on by an expert in the related field.
During a home inspection. The inspector discusses the issues with the home with the client. Client then asks how much would the inspector charge to repair said items. The inspector must explain to the client that he is not allowed to do any repairs due Internachi code of ethics.
If a house seller asked me to “go easy” on the roof’s condition I would explain to them that I am an InterNACHI certified home inspector. As an InterNACHI certified home inspector I have agreed to abide by a strict code of ethics and therefore, I will provide a fair evaluation of the condition of the roof.