We are part of a very litigious society, and as a home inspector you more susceptible than most. There ways to lessen the opportunity to be sued. Be a active member in an organization such as InterNACHI, utilizing all the tools at your disposal, such as continuing education and staying current on codes in your area. Always be honest and forthright in your dealings with clients and document, document, document. Incorporate. These are just a few ways to protect yourself and your company.
The roof was found to be in poor shape due to the missing granules on the asphalt shingles. a professional roofing contractor should investigate and make corrections to the roof and membrane. I also noticed several layers of roofing shingles on the roof and only one should be used on the roof.
After reading “Easy Steps That Help Home Inspectors Avoid Lawsuits” by Nick Gromicko - Founder of interNACHI, I now feel much more aware of practices to be careful to avoid in this industry. Specifically speaking on the topic of why a home inspector should never call him/herself an expert, I learned of many examples of court room losses in the past. The biggest reason I took away from these examples is that calling yourself an expert makes you liable for any and every mistake, misinformation you may have given, or damages to property or even other people. Calling yourself an expert implies that you are otherwise incapable and flawless in your line of work, which not only is viewed by customers, but also the court of law. It holds you accountable to ANY issues left behind to the customer. It can also put you in a bad financial and legal spot by misrepresentation. If you call yourself an expert, and you miss a hole in the roof, then not only did you miss the hole in the roof which may cost the customer money as well as integrity with their own customers, but also you did not live up to what you market to your customer as an expert, which played a part in the customer hiring you, with expectations that you would not have missed not only the hole, but anything else you may have missed or damaged. The courts WILL hold you accountable on both ends. It is best to say that you are a professional and will do everything you can to properly inspect the property.
I also learned many other things, like taking 3 photos of the water meter to prove there are no leaks as well as you did not leave any water running. Another important piece of advice in this article is to never work under yourself in sole proprietary, but under a limited liability corporation, so that you are never 100% liable for any issues you may have missed or caused.
Clients and home owners my request special favors from an inspector. However we owe it to the buyer of the home or business, we perform our inspections in a truthful and ethical manner. “Taking it easy” on any component would not be ethical, and could negitively effect your business and or the organization.
Not only a seller may try to influence a home inspection but also a buyer worried about getting approved for financing. Regardless of whose interest is in play, the buyer,seller or bank it is the inspectors responsibility to fairly report the conditions good or bad.
Reading some of the legal articles can be eye opening. Just using Expert to describe yourself can be trouble. Just imagine how many things can easily be trouble without knowing. Don’t speed through any of this education its all worth taking the time to absorb.
I do all inspections the same, be they pre listing or home inspections. I will certainly do a fair and clear inspection of the roof. According to the association that certifies me, InterNachi, I am required to be objective in my reporting.
It is very important to educate yourself on the legalities and responsibilities we face as inspectors. Carrying insurance and knowing your profession can save you countless dollars and time. The legal forms available as a member give you a great beginning to a lawsuit free business.
A home inspector should never refer to their services as being of expert level. Rather all advertizing should stress quality inspection services, taking the generalist approach. In other words a good general overview of the condition of a home or building
I safely gained access to the roof by properly standing my ladder according to standards. Once on the roof I looked for any missing shingles, hail damage, and any other issues that may affect the integrity of good, leakproof roof. I did my job to look for discrepancies in the roof condition and not to overlook them under someone elses request.
I learned in the “doing damage during an inspection” article that it is okay to have mishaps while inspecting because as an inspector you are discovering issues that might not have happened under normal everyday conditions. For example, perhaps a shut off valve that hasn’t been turned in a while will not move or breaks when trying.
In the event that a client requests an inspector to “go easy” on the condition of the roof, the inspector should ignore these words entirely.
The condition of the roof will speak for itself, and if there are significant changes that need to be made, that will be reflected in the evaluation.
In my opinion, it is the duty of the inspector to maintain a respectful and peaceful demeanor in all interactions with clients. If that is the case, while some repairs may need to be made, the client will feel valued regardless of the report contents. In business, as in life, we must always be honest.
InterNACHI is so confident in its training and certifications, that it backs it’s members up to $10,000.00 in the event of a lawsuit posed on a real estate agent for negligent inspector referral. This means that those that are a part of such an organisation are held to a high standard of conduct that is heavily enforced.
A client makes a phone call and requests a home inspector to work and get paid. A home inspector should always meet the client in person and write a contract with details of expectations. A Home inspector should not work based on phone calls or email without a formal contract specifying services to be performed, limitation of services and fees.
When I researched about fire extinguishers, I have learnt that fire extinguishers are only effective if building occupants understand where and why they are used.
I have learnt that not all fire extinguishers are effective all fires. As an Inspector I have to check if a portable fire extinguisher exists within a 30-foot travel distance of a commercial type cooking equipment. I have also learnt that a fire extinguisher should be immediately available for use and not obstructed.
I have to check for visible dents or cracks in the extinguisher body and make sure that the fire extinguisher has a label and that it is legible. It’s not my duty to test the extinguisher or find out the capacity of each.
Ive learn in this section of the course that you must follow all rules and regulations. You can not do whats in the best interest of the home owners. Your inspection must meet all laws. You can not engage in any practices that could dandanger the public.
How to prevent a lawsuit is pretty easy and kinda hard all at the same time. We never know when one may arise but if you are faced with one here are some tips. Form and llc. This is to protect you as no inspector should be operating as a partner or sole proprietor. Take all the courses you can. You will need all the knowledge you can get. Become certified as a master and know your laws.
I will abide by the code of ethics in the agreement that you have reviewed prior to me conducting this home inspection. In that report I will address the roof condition of the home and provide supporting documentation in the form of digital photos to you (the client) for your review.
A home inspector should never refer to him/herself as an expert in any capacity. As a home inspector, we are generalists. Claiming to be an expert can impact a lawsuit in a negative way if the lawsuit every makes it to a trial and marketing material claiming “expert” may be the difference between winning or losing a case.
An agent offers the inspector a commission if homes are sold based on a “good” inspection report.
The inspector should let the agent know that s/he would not accept commissions. If services are to be rendered the report would be based on good ethics and procedures.