Research & Writing Assignment:
I believe the most occurring situations would be being offered kickbacks. I also believe there are lots of agents that would be persuaded,in many cases to be unethical by excepting these bribes. Thank you for teaching the correctness of how to do it ethically!!
Research & Writing Assignment:
After I had completed a local home inspection the client had asked If I would be willing to come back and take care of some of the structure issues “on the side”. Through conversation, I had mentioned I had done some house flipping in the past and also worked on sprinkler systems for the past 18 years. I explained to the client I was unable to do so according to InterNACHI code of ethics citing, The InterNACHI member shall not perform or offer to perform, for an additional fee, any repairs or associated services to the structure for which the member or member’s company has prepared a home inspection report for a period of twelve months. I suggested contacting a qualified contractor to deal with the issues.
Research & Writing Assignment:
Drone roof and exterior home inspections. Drone roof inspections are a new thing and great! As long as there used correctly they can be much easier than lugging around a ladder. And a whole lot safer with no chances of falling.
Research & Writing Assignment:
I would have to believe that the InterNACHI’s Pre-Inspection Agreement given to the client before the inspection begins to be one of the most critical documentations an inspector can have. Not only does it describe what I will be doing, more importantly it will explain what I will not be doing. It defines the scope of what I will be inspecting and commenting on, disclaimers of warranties, limitations and liability, a clause stating any modification to the agreement must be in writing and also has a personal guarantee of payment if the client is a corporation or similar entity and payment is not received before the inspection begins.
Research & Writing Assignment:
The seller instructs the inspector to overlook certain portions of the home because the house was built a long time ago and those portion do not comply with the current building codes. The inspector shall not compromise the truthfulness of the report due to the age of the house. He should give and honest and truthful assessment of the condition of the house complying with best Inspection practices.
Research & Writing Assignment:
One of the ways to avoid lawsuits is to incorporate a form of LLC as a business model. Inspectors shall never function as sole proprietors or partners. Also, becoming a certified master inspector is always a plus. Knowing what you are doing helps avoid mistakes.
Research & Writing Assignment:
The request I get most often from real estate agents is “Please don"t scare my clients”. When this happens I calmly inform them that we use an approach that is very strait forward. We describe our observation but do not make it more or less than what it is. Reducing the anxiety of the clients works best by asking questions to better understand how they are feeling and addressing as best we can their concerns.
Research & Writing Assignment:
Avoiding lawsuits is always on our minds. Using less rather than more words is a great suggestion. Not being vague is a great idea also. Do not leave the interpretation of what was said unclear or to interpretation by attorneys or the court.
Research & Writing Assignment:
The sellers agent asks the home inspector to look past the fire damaged charred wood in the attic. The home inspector could do as the agent asked and turn a blind eye, or, the home inspector could make the ethical decision to report on his finding’s truthfully and accurately.
Research & Writing Assignment:
A home seller asks the inspector to not worry about inspecting the GFCI’s in the house as he is an electrician and will check those himself and report back of his findings, but the home buyer hires me to do a full home inspection. I would inform the home seller that as the representative hired by the buyer to do a full home inspection, and as a professional inspector that I am required to inspect the GFCI’s and include my findings in the final report. But I would also let the home seller know that as the current owner, and a licensed electrician he would be within his right to do his own independent non official electrical inspection of any of the home systems but that would NOT be a part of my official home inspection report. Shane N. Inspector in Training
Research & Writing Assignment:
My choice for this essay from the InterNACHI Legal and Risk management articles, is the Drone Law Primer for Home Inspectors.
Drones have become increasingly popular with home inspectors and for recreation in recent years. Use of a drone during a home inspection is considered Commercial use and requires a Remote Pilot Certificate (RPC) and Drone registration. To Obtain an RPC you must pass a 60 question test on aeronautical knowledge, drone regulations, and operations.
Research & Writing Assignment:
I learned in this section that the InterNACHI inspector-member shall always act in the interests of the client unless doing so violates a law, statute or this Code of Ethics. This would be all potential clients including but not limited to the home buyer, seller, realtor, or any other potential client (i.e. home builder, mortgage broker, etc.). I also learned that the member shall abide by the Code of Ethics and “substantially” follow the InterNACHI Standards of Practice, not completely, but substantially is key here. Shane N. Inspector in Training
Research & Writing Assignment:
After scheduling an inspection, the home inspector receives a call from the clients real estate agent. The agent asks the inspector to pay a referral fee for the inspections that was scheduled. the inspector then calmly explains that it is a direct violation of the interNACHI code of ethics to offer or provide any disclosed or undisclosed financial compensation directly or indirectly to any real estate agent, real estate broker, or real estate company for referrals".
Research & Writing Assignment:
A home inspector might be asked to skip on reporting a problem with a house by any number of people. It could be the homeowner, because they wish to sell it without having to repair. It may be a real estate agent wanting to get a sale or even the client as they may be worried about getting a loan for a house with a problem. The inspector should always truthfully report what they observe.
Research & Writing Assignment:
Situation: Realtors Offering Gift cards, or Priority scheduling for “Clean” Inspections.
Receiving gifts or preferential treatment for “clean” inspections is a violation of the Code of Ethics. Because it would compromise the integrity of the report of findings and potentially cause a safety hazard for something overlooked.
Research & Writing Assignment:
If an inspector breaks something in a routine inspection following SOP and under normal operating conditions. It’s not a problem, it’s a discovery. For instance, while operating a valve, if the handle breaks off or falls apart in the inspectors hand. They can note that it failed upon inspection and needs to be repaired. The home owners would greatly appreciate the note before purchase.
Research & Writing Assignment:
Forming a business entity for protection:
Every business owner, not just home inspectors, should form some type of business name/entity to protect their personal property.
There are several different types of businesses, including a Limited Liability, a Corporation, or a partnership. Each of these has different features and levels of protection, and it is the business owners responsibility to decide which one is best for them to keep their personal property separate and protected from litigation.
Dan
Research & Writing Assignment:
One experience that I had in the past was that the homeowner was on site while doing the inspection and a representative of the buyer was there also. The representative did not want to walk around the with me during the inspection but the home owner did. The home owner was asking us to not to report every detail that we found wrong with the house because he desperately needed to sell the house. I respectfully explained to the homeowner that it is my job to inspect all the whole house and report the findings. I also explained that I work for the home buyer and not for the homeowner. The home owner was a little bit grouchy and eventually stopped following me around.
Research & Writing Assignment:
By reading the article about not labeling yourself as a expert protects your from any possible legal or lawsuit problems. Even if you are a expert it is not your job description for doing a home inspection. This article makes you aware of some do’s and dont’s for home inspection. It gives you a little but of “CYA” in case something does happen.
Research & Writing Assignment:
When starting a home inspection the home owner come out and asks if I would be interested in a discount on a car he has for sale? The size of the discount is of course determined on how nice the inspection turns out. I thank the man and go about doing my inspection normally.