Research & Writing Assignment:
The implied authority principle means that if the client is not available to sign the contract, that client’s real estate Agent can sign and their signature is binding on the client to pay for the inspection. To be sure however, it seems best if the client’s agent has it in writing that the agent can sign in their absence.
Research & Writing Assignment:
Hypothetically a home inspector could be offered a bribe or incentive to overlook or pass and otherwise subpar system of the home. This type of behavior is unacceptable and the inspector should refuse. I personally may even excuse myself from working with the client entirely.
Research & Writing Assignment:
im going to choose the example given to write my essay where a client has asked me to “go easy” on the roof (or any system of the residence) i would always choose to write my observations truthfully and accurately not only because it is againt the code of ethics to do otherwise but its also a liability and opens up the chances for lawsuits
Research & Writing Assignment:
ive learned that by following the interNACHI standards of practice and code of ethics that it will minimize my chances of being involved in a lawsuit also how important it is to start a limited liability company and to know the differences in advertising my self as a expert when im only a general home inspector
Research & Writing Assignment:
A home seller expresses to me upon arrival to the inspection that “the garage door opener is over 6 inches off the ground, but we will be fixing it promptly.” to which I responded that I will take a look and provide an accurate report, following internachi’s standards of practice and ethics to address any concerns or recommendations.
Research & Writing Assignment:
In late 2017, I sold our permanent residence. The new buyer contracted with a local inspector with whom I was very familiar. He asked me during his inspection if I knew of any issues of concern with the house. I told him our dishwasher was not presently working. He thanked me for the truthfulness.
Research & Writing Assignment:
In order to avoid a lawsuit, there are some steps you can take!
Research & Writing Assignment:
I researched the topic of whether a real estate agent can sign an inspection agreement for the client or not. The short answer is yes, however the Internachi resource implied that the best way is to have the client sign the agreement directly to avoid a discrepancy. However there are what is know as “Implied” or “Apparent” authorities that will suffice if there are discrepancies. In addition, I learned the obvious to have the client sign the agreement prior to the inspection or the agreement may not offer the inspector protection.
Research & Writing Assignment:
When the situation arises that the client claims you have missed an important defect, the inspector should discuss the issue with the client to fully understand the claim, truthfully lay out a response, then evaluate whether you should reimburse the client or stand firm in your perceived accuracy. Often, huge market gains can be realized by “keeping the customer happy”.
Research & Writing Assignment:
A real estate agent is offering a profit for an “acceptable” home inspection. The first option would be to take the money and give a home inspection that is favorable to the agents clients. the best option would be to deny the money and write an honest home inspection.
Research & Writing Assignment:
It is not the worst thing in the home inspection world to break something during the home inspection and feeling responsible in a negative way. This is what inspectors look for during the inspection. and it better for the client to know during the inspection instead of after.
Research & Writing Assignment:
While doing an inspection of the heating system in the attic I find a gas leak from a connection with my combustible gas detector. Due to possible immediate danger caused by the leak, I notified the seller and agents of the safety issue while performing the inspection rather than just listing on inspection for buyer. This is a safety issue and needs immediate repair.
Research & Writing Assignment:
Many inspectors refer to themselves as “experts” on their marketing materials to standout compared to other inspectors. This can create legal problems for them if they are sued because lawyers will try to prove they should be held to a higher standard than other inspectors. Some may also argue that you are misrepresenting yourself or have implied a warranty by declaring yourself an “expert”.
Research & Writing Assignment:
not related to home inspections, but ethics and good business practices. In Louisiana, we had a pretty big natural disaster a few years back. A flood that pretty much destroyed thousands upon thousands of homes. So many insurance claims. As a contractor, there were plenty of opportunities and it did not take much to get the contracts. The correct way to disburse funds for rebuilds from insurance companies was to put the money in escrow accounts and have mortgage companies do inspection for work completed. Yes, it may have taken a little longer to get funds and keep the job moving, but it kept everyone honest. The incorrect way, was to give a home owner a check for a $100,000 based upon estimates received from contractors. Especially to some that have never seen money like that before. I had one particular situation that I remember in this particular situation. The clients were constantly late on their scheduled phase completion payments and always a few thousand dollars short on there payments. After threatening to shut down the job a couple times, they would pay the balance on the draws. We typically had 4 to 5 draws per job, But…the final payment was getting closer and closer on this particular job, and I was really concerned about not receiving final in a timely manner. I completed all phases of work, and did punchlist with homeowner…and did another punchlist with homeowner…and did another punchlist with homeowner. Stalling! After a month of asking what the deal was, they admitted they ran out of money. Well, how can that be? Insurance company gave the clients the exact amount on estimate for home repairs. At this point, home was completely furnished with some upgrades, and a couple vacation trips later. Was short nearly $10,000. My solution was to make a payment plan. The owner had a different plan. Owner asked me to submit invoices for work that was never done nor ever needed to be done. Some may consider that fraud. OH, and he did not want to do it for the amount owed, no. He wanted more.
Just really so disgusted with people like that. Just so many people were without homes and never had the ability to build back, and there were people like this guy. I did not pursue the balanced owed. I let the home owners know how I felt, and I became more cautious of clients like that. Made it known that we did not get involved with people that even hinted the idea.
Research & Writing Assignment:
“Purchase InterNACHI’s “Caution” stop sign for $39.95”- I will definitely be purchasing this sign. I would have never imagined that an inspector would be sued for someone else’s defects.
I am not disagreeing to the use of contracted help, but I would prefer using all licensed inspectors that work directly in my company. Like all subs, they represent your company, but they may not have the same standards you may have. Plus I do not know if Louisiana allows it.
Research & Writing Assignment:
During the course of business, let’s say we have a hypothetical situation where a prominent real estate investor has approached a home inspector (Myself) to do an inspection on a few properties. Of course, I agree, the guy needs 3 inspections and wants to do them all in one day, and money is a great motivator. Well during the course of the inspections, the investor keeps not so subtly hinting that with the amount of business they do, I wouldn’t need to contract out or work with anyone else if I worked exclusively with them. Seeing as their inspection needs even outweighed the abilities of a single inspector, there would definitely be no shortage of work to be had. And in no subtle terms, the investor made sure I knew that people who work for him are well compensated, and is because of the “team” “working together” that they are able to compensate so well. Well it is obviously apparent that his idea of “teamwork” is his people low balling inexperienced sellers, and “fudging” details “here and there”, definitely nothing illegal he assures. As a licensed and Certified Home Inspector and member of InterNACHI, the largest residential and commercial property inspection association, what do you do? Do you drop what you’re doing and work with the guy? Or do you finish the inspections and tell him to beat dirt? The choice is yours to make…
Research & Writing Assignment:
While browsing through the list of possible legal article topics, my eyes came to rest squarely on one in particular. Let me preface this by saying that as I was proceeding through the certification course, when the section about the difficulty and danger of inspecting roofs, I immediately had the thought that I was going to get a drone to take pictures with to solve that problem. Well, that article I mentioned before, its title was “InterNACHI’s Drone Law Primer for Home Inspectors”. Wait… Drone LAW!?! Lo-and-behold, according to the article, flying or operating a drone for any use other than recreational (and home inspection is considered commercial, unfortunately), you actually need to acquire your Remote Pilot Certificate by passing an exam consisting of questions similar to those that airplane pilots take on their licensing exams! Looks like I’m going to have some more studying to do…
Starting course.
Research & Writing Assignment:
Roof Inspection - with my inspection of the roof structure i found that there are safety issues that require immediate attention. My suggestion would be that a qualified and licences roof engineer must be appointed to correct/replace what ever is necessary.
Research & Writing Assignment:
Hypothetical:
I was contacted to do an inspection in a nearby town of a 2 bedroom 1 bath ranch. John(the client) wanted an inspection for wed at 10am. We agreed on a price and met that morning. After signing my contract agreement I began to inspect the property, 45 min into the inspection his significant other came to the inspection and expected to have a recap from the beginning. His name was bob. The code of ethics is clear no matter what my personal beliefs I may or may not have, unlike some in the news in recent past, refusing service based on sexual orientation is not acceptable. At this point I have two options complete the inspection as I would for any other client or refuse based on religious / personal beliefs tear up the contract and return their money. The later option. Has the consequences of a lawsuit from the client as well as a review by the ethics review board and severing of my membership with inter-nachi. I would choose finish the inspection to the best of my abilities.