Drone Law Primer for Home Inspectors - I am currently a Part 107 certified UAV drone pilot. I found the “Checklist for Home Inspectors Using Drones” very useful. I plan to use a drone for home inspections and did not consider talking to the neighboring home owners to explain the purpose and intended use of the drone. The checklist also recommended keeping a copy of the FAA rules with me when I am using a drone for home inspections, which I plan to do.
The need to be clear and honest with the client is crucial. Many realtors will attempt to sway or influence findings via leading questions. Over the years I have found HVAC systems that were in place well beyond their typical useful life expectancy. Although the system is currently functional the client must be aware of the age and potential limited remaining life. Certain realtors will attempt to sway the findings to the systems’ current functionality and attempt to disregard the future replacement budgeting need. The client must be made aware of the age of systems whenever possible.
Missing something on an inspection is not a good thing but sooner or later it is bound to happen. The type of miss can be crucial, was the miss clearly visible or was it a miss where the defect is only visible under certain conditions. A good idea is to include InterNACHIs SOP in your inspection report. Educate your client before your inspection,this will help them better understand the process. When you do miss something, be honest,admit to the mistake,apologize and move on.
The term expert should never be used by a home inspector. The term raises the expectations of what you can potentially find during the course of an inspection. The home inspector is a generalist and not a specialist. An example of something an expert would be expected to find that a generalist would likely never find is miss-matched HVAC components that can cause catastrophic failure of the system. The system can operate normally for a limited amount of time which would lead a generalist to conclude that there are no issues present as the system is currently functional within typical parameters. An expert would be expected to recognize the conflicting components and should be able to predict the eventual failure.
A home inspector shall always act in the interest of the client, but in doing what the seller is requesting to do. The inspector is not abiding by the code of conduct and rules, and shall perform the inspection as needed.
Jerry has been performing WDO reports along with his home inspection reports. He has been approached by a local pest extermination company to give a favorable recommendation when their services may be needed. He was told he would have a little something for him in his home mailbox for each recommendation that resulted in a treatment. It was inferred that it would be a cash referral fee. This is called “Paid to Play”. Disclosed or not, it not allowed.
A home inspector has many ways to protect themselves from entering a court room. He/she may protect themselves by having a limited liability company and hiring in dependent contractors rather than employees. The main focus is to never address oneself as an expert.
The situation where the seller was asking me to go easy on item in the house, I would simply explained to them that I’m there to point out the facts and I’m required to do so.
I have not come across too many cases where the seller was asking for this.
In my experience it’s typically the agent trying to talk down the situation and make it seem less important then it is. For this reason I try and make sure that the information from me is relate directly to my client.
The house seller has asked you to turn a blind eye to some termite damage you might find in the crawl space. He says he has had it treated and examined for structural integrity and its good he would just rather not have it on the report. He says he can get you a free round of golf at his club if you help him out. In this case I would have to tell the seller that I can not do this as it is my duty to report on any and all defects I find and I would never ruin my reputation for such a thing. I also would tell him if he has had the problem fixed all he has to do is produce that report on the structural examination after the treatment and he should be fine.
I read the article about the home inspector certification letter. I can see how this letter could be useful for brokers, realtors or even a client as it helps legitimize the inspector in areas where licenses are not required.
The stool seems very useful and I will probably use it in the future.
Important things to remember when becoming a home inspector to avoid lawsuits. Never refer to yourself as an expert. In the court of law and expert has a different meaning that what you might have meant in you advertising. You may be held liable for things that you normally wouldn’t if you are not calling yourself an expert. Instead use words like. Top quality or high integrity instead.
Here is the situation between me and a realtor. The realtor asked me to go easy on the inspection because this was a very important sale, intern she would refer me to her other clients for home inspections. This would be unethical and my response to her would be, I perform all inspections the same and I would prefer not to be referred to her other clients without this understanding that my clients always will come first and we’ll be given a complete and honest evaluation of the property without biases.
An inspector certified by Internachi must perform the minimum inspection Requirements of the SOP, when in doubt it is better to go beyond the requirement, but by doing so the inspector assumes the responsibility of the in-depth inspection. By doing so has opened himself to a possible claim if something goes wrong. The client can claim there was an oral agreement to do more of an in-depth inspection then stated on the SOP.
If the inspector finds themselves in a situation where the client says “can you add a few bogus findings, because we really need something to negotiate with?” The inspector should answer that they will report all findings, but their job is to be truthful, and so they would never make a fictitious finding.
In the article “Three Photos Every Inspector Should Include at the End of the Report” I learned the importance and simple step of taking 3 photos of the water meter before, during, and after the inspection. These photos will prove that there was no water leaks missed, and the inspector shut down every water using appliance or valve before leaving.
While doing a home inspection you are asked by the homeowner to ignore the fact that the foundation is cracked and there is evident of water damage. he tries to give you money for ignoring the problem. You should go to your client and inform them of the issue with the foundation as well as telling the real estate agent of the issue and what the homeowner is doing.
To become a better home inspector, the more courses you take the better trained, informed, and prepared you are to do a more complete and successful job. it is recommended that you become a certified master inspector. This will help in regarding the laws of the profession.
A seller’s realtor contacts the inspector asking for him/her to not inspect the attic due to the presence of mold. They go on further to say that it is in the process of getting taken care of asap and will not be an issue. As an Internachi member one would have no choice but to inform the agent that it is his/her obligation to the client to observe all attic spaces that are accessible and report what is observed.
I read an article discussing the importance of knowing who to accept work from and why. I have never thought about it but yes, it is most likely in my best interest to avoid certain clients that appear to be very demanding or problematic right from the start.
Ethical Standards Essay:
Providing the eagerness of a homebuyer/homeowner to get all defects fixed in a timely manner they ask if the inspector would perform the electric portion since the inspector is also a licensed electrician. This situation should be handled by first addressing the InterNachi standard of not performing additional services within 12 months as well the signed contract/documentation stating liabilities in such situations. The inspector should refer the client back to their real estate agent and the world wide web to hire a professional that is not apart of the transaction.