Research & Writing Assignment:
Most important one need to abide by the InterNACHI Standards of Practice. Use the pre-inspection agreement of InterNACHI.Home Inspectors are Generalists and not Experts.Put up " Cuation " stop signs where ever you are busy with inspection.Choose your clients well, walk away from difficult clients.Do not appoint helper without a contract.
Research & Writing Assignment:
While we may not be able to prevent every lawsuit there are ways to make it less likely. Joining the worlds largest association InterNACHI with its high Standards of Practice, provides a strong defense against a claim that you failed to perform to a level of care or acceptable practice for the inspection profession. Incorporating or forming an LLC limits liability against debts and judgments.Education and training won’t prevent lawsuits from being filed, but it will help you will in court. Each of InterNACHI’s online courses will produce a Certificate of Completion which you should keep and be prepared to produce as evidence of your professionalism.As School House Rock used to say Knowledge is power. Lawyers dont like going up against people who knows what he/she is doing and knows the laws regarding his/her profession so become a Certified Master Inspector it deters lawsuits. Never refer to yourself as an “expert”. Home inspectors are generalists like your family doctor, not experts like a podiatrist. If you use the word “expert” you areheld to a higher standard of care than the ordinary (non-expert) inspector. If you’re going to hire a helper, hire them as independent contractors rather than employees. It will protect you from a lot of their actions but also allows you to hold them liable if they wrong the company. Its ok to turn away some consumers. Use InterNACHI’s Pre-Inspection Agreement it will inform your clients what to expect and what wont, also have them read and sign it so you have it in righting that they understand what we wont do. Purchase the InterNACHI’s “Caution” stop sign. For a minimal investment is show you care about the safety of others around you while bringing the attention to a danger. Take three photos of the water meter before you leave the property. This proves, if there are no water leaks that you did not leave the water running. Use InterNACHI’s Library of Narratives which were developedusing a variety of sources. to help reduce the amount of time you spend filling out reports. InterNACHI has a 24/7 On-Site Help Button Incase your in need of immediate help from your fellow members, InterNACHI staffers. InterNACHI even has an “Estimated Life Expectancy Chart” you should include with every report. It allows the clients to know the average predicted life expectancy of components of the home. Giving the client a home maintenance book with their report allows for them to see what their responsible for once they own the home, and helps them see what and why not every defect can be found. When you complete an inspection ask the client to fill out a Client Satisfaction Survey. It will give you ideas of were you can improve, but if they fill it out positively and later they file a suite you have proof of how they were satisfied. InterNACHI has a free Issue Resolution Service that may be able to resolve an issue for you before it gets to a lawsuit. If you do settle a dispute with a client, get a signed release and a letter of reference. But never apologize. An apology may be used to support a future claim that you were negligent.You could participate in InterNACHI’s “We’ll Buy Your Home” Guarantee which all but eliminates lawsuits by eliminating your client’s damages.Finally carry Errors and Omissions (E&O) Insurance. Lets face it, we are human we will miss something from time to time, its not a matter of if but when, how we handle it will dictate how it will end
Research & Writing Assignment:
A home buyer, whom is working with a realtor that is representing both buyer and seller, has requested that the home inspector not share the results of the inspection report with the realtor or seller. The inspection report reveals minor defects, but no safety hazards; however buyer cancels the the deal. The realtor contacts the home inspector requesting a copy of the inspection report to present to other parties that are interested in the home.
Option 1 would be to send the inspection report to the realtor without question.
Option 2 would be to explain that the inspection report is the property of the client and the realtor would need permission from the client to use the report; (and also that the information contained in the report may no longer be accurate at the time the realtor presents it to another party)
Research & Writing Assignment:
Upon reading the material on “why home inspectors should never refer to themselves as experts”, I have a new respect for the word. Expert’s are perfect, all knowing, and never wrong. When you advertise or claim to be an expert home inspector, clients will expect you to know EVERY minor element pertaining to EVERY item on the property. Even though we do strive to be perfect, it’s dangerous to give the impression of knowing everything.
Research & Writing Assignment:
My brother was purchasing a property and hired and inspector. The first inspector did a sub par job and so my brother hired another inspector. The two inspectors knew each other and the first inspector said he could save the second time by sending his report so he does not need to inspect in depth. While the second inspector may have saved time a Certified InterNACHI Home Inspector would reject this. The client deserves an inspectors best and original work, by accepting the other inspectors offer he would violate the InterNACHI Code of Ethics by not acting in the clients best interest. The ethical and correct action for the second inspector would be to do his best inspection with no regard to the original inspection.
Research & Writing Assignment:
Most home inspectors are self employed and as such certain precautions should be taken to protect their business. I read the article regarding the importance of not only running your inspection business as an LLC but further precautions to not allow the corporate veil to be pierced. Essentially if a LLC is treated as a personal account, by combining personal expenses and running as if it were a sol propertership someone can sue and bypass the legal protection an LLC provides. The LLC should be treated as a separate legal entity to ensure it will protect you from personal prosecution.
Research & Writing Assignment:
In a hypothetical situation, after performing a residential home inspection, the home buyer or home seller requests that you do a simple fix on a problem with the garage door sensor to aide in the quick “passing” of the home’s garage door inspection. Of course, you wouldn’t participate in an action like this, against the code of ethics.
Research & Writing Assignment:
Once I read the “Inspecting A Deck” article, I became aware of many things after reading the “Here are some interesting facts about deck failure” section. The fact that about 90% of decks collapse because of the fact that the deck ledger board is improperly installed to the house was a surprise.
Research & Writing Assignment:
A real estate agent offers a part of his commission to ignore major defects.
A real estate agent has been given a name of a home inspector and this agent knows the inspector personally. He calls him and asks him if he would be willing to overlook certain roof defects that would cost him the sale and the inspector says he would not do that, his loyalty is to the client. The client has given written permission to provide the report to the agent instead of the client and the agent offers 20% of his commission to re write the report and leave out specific defects that would cost the sale. The inspector politely refuses and sends a copy directly to the clients email as he is afraid of the agent “doctoring” the report.
Research & Writing Assignment:
Can a real estate agent sign the home inspection agreement on behalf of the client?
This definitely is a lot trickier that just emailing the client a copy of the agreement, however there have been a couple of cases where the agent signed on behalf of the client (Church v. Fleishour Homes, Inc., 874 N.E.2d 795 (Ohio App. 5 Dist. 2007), (Carroll v. Bergen, 57 P.3d 1209 (Wyo. 2002) and has been held up in Appellate and/or State Supreme Court ruling the contract is valid due to the agent being an Authorized agent on behalf of.
To enforce this better, the agent should request a copy of the agreement/contract showing he in deed has authorization to sign on behalf of the client or call/email the client to get conformation of such.
In the end it is always better to just email/mail the agreement to the client if time is available.
Ref:https://www.nachi.org/can-agent-sign-inspection-agreement.htm
Research & Writing Assignment:
A Real Estate agent asks me to overlook issues in the houses that he is selling and in return he’ll make sure he sends more inspections my way: I would tell him that I have to decline his offer because it is morally wrong and against InterNachis Code of Ethics. I would also say to the agent that I hope that he continues to recommend me for inspections based on my thorough inspections and professionalism.
Research & Writing Assignment:
Home Inspectors should insist that the client sign the contract before the inspection is performed to prevent any misunderstandings. If the client is unable to sign then the agent can sign in the clients behalf. A written contract or verbal agreement from the client should be available to the inspector. If neither is available then the agents signature should be held binding by the apparent and implied authority concept.
Research & Writing Assignment:
Homeowner wants a kitchen upgrade after I finish inspection.
Hypothetical:
I started a home inspection company to supplement my cabinet/furniture shop. At the end of the inspection, the real-estate agent offered my services to remodel the homeowner’s kitchen. I politely declined, knowing it was not ethical to do so, stating that in a year, I’d be eligible to do so.
Research & Writing Assignment:
Inspectors should not label themselves as experts in any way, including in contracts and or marketing. Courts have the ability to hold inspectors accountable for claims made in their marketing.Unless you are a true expert/specialist one should not claim themselves to be an expert.
Research & Writing Assignment:
Doing Damage During an Inspection: It’s Your Job
Being a home inspector, I know my time will come when I turn a valve and it won’t shut off completely, or my foot goes through a rotten section. I realize it is not my place to “fix” the situation, but I’d have trouble leaving the scene without doing so before I read this article.
Research & Writing Assignment:
I visited one of local real estate brokers office to promote and market my home inspection business. At the end of my presentation to the broker, he requested to me that I purchase a golf membership at local golf club to him for benefiting me with home inspections.
I believe this request is breaking the code of ethics!
Research & Writing Assignment:
During a inspection of a roof of a house the realtor wanted the inspector to indicate to the buyer that the roof was good for at least 5 more years when the roof was actually at end of life span. The inspector told the realtor that it would not be truthful and wrote the report reflecting this fact.
Research & Writing Assignment:
As a inspection company should always file as a corporation or a LLC to help protect the company from excess legal damages being protracted against the company in case of a lawsuit. If filed by the buyer or a lawyer.
Research & Writing Assignment:
Can a real estate agent sign the home inspection agreement?
I would like to say that this should not be done!
With today’s technology, the buyer can confirm or sign pre-inspection agreement by email, fax, photo, text, etc.
It is the best practice to have the client sign the agreement, if not ask for the power of attorney for the signing of the agreement.
Research & Writing Assignment:
Selling agent meets inspector at time of inspection and says he really needs this house to close on time and could you overlook any major repairs, he will make it worth your while. The ethical thing to do would be to not take the bribe and complete your report accurately.