Research & Writing Assignment:
At the request of a home seller, I am asked by the seller, to make my inspection report out, and submit it in a manner that would discourage African American or Asian American from potential interest in the home. I advise the seller that the request is inappropriate…and that ethically I cannot comply with his request. Then I would note that incident in my report.
Research & Writing Assignment:
A listing agent asks me for information about my client in the course of an inspection. I should tell the agent, politely, that due to my client contract and ethically I cannot disclose this information and should refer to my client or my client’s representative.
Research & Writing Assignment:
A realtor broker asks that I pay a fee to be a preferred inspector with his/her company. I should tell the broker that by my code of ethics I cannot do this and this would also be a conflict of interest for my clients
Research & Writing Assignment:
from the “how to avoid a lawsuit article”. I learned that incorporating or creating an LLCs business that you can be personally protected from lawsuits. You may also purchase a caution stop sign which will also protect you from a lawsuit.
Research & Writing Assignment:
My first thought would be the client asking to over-look a defect in their home to avoid any repairs. In the end this sort of situation doesn’t benefit any party involved, homeowner or inspector. Due to the fact that this would negate the purpose of the inspection in the first place. Secondly could have the possibility of safety issues of the home and or if selling, to the eventual owner.
I believe that truthfulness and detection of any/all defects in a home can only benefit the homeowner and the overall safety and durability of a home.
A professional evaluation of a home will only benefit the current occupant and future occupants of a home, both by safety and financially of the over all asset value of the property.
Research & Writing Assignment:
My overall summery of this topic is to Not imply that I’m an “Expert” on any subject. By doing so allows the client to retaliate with a law suit of what you should have know or reported on. Be sure that the client is aware in writing of what is/is not involved with the inspection. Stay independent with a LLC to legally protect yourself from any monitory responsibilities. Be certain that you protect all persons on a site with simple procedures such as posting caution signs and asking the client for space while doing your inspection.
Bottom-line Protect yourself from any/all legal actions!
Research & Writing Assignment:
From time to time inspectors come across inspections/clients that believe
they may persuade the inspector to alter a report for their benefit. This may also
be the case when dealing with certain realtors who don’t want you to “kill the deal”.
When dealing with your client in either of these cases the only option for you is to
be truthful in the findings of the report, in situations like this the risk is far higher than
the reward and losing your license or being sued is not worth your inspection fee.
Best case scenario is having a video/audio recorder on your persons while doing each
inspection. Technology is very cheap and easy to come by these days that help remove
the risks of the job such as these in many cases. Most inspectors do not carry such technology
on them, in that case just be positive you follow the standards and do your job correctly.
Research & Writing Assignment:
After reading this article about avoiding lawsuits, it helped to better understand
some risks that are involved with having a home inspection business. This article mentions
some things about referring to yourself as an expert and how you should not do so.
Experts hold theirselves to a higher standard than other professionals and if the day comes
where a client takes you to court, using words such as expert could have a major impact
on how the trial may end. As mentioned in the article, “courts now hold inspectors to claims they make in their marketing”. This is why proper legal measures such as having proper contracts, should be taken with your business to save you the hassle of problems arising further down the road in business.
Research & Writing Assignment:
An agent calls and states they can refer a client to you for an inspection if the inspection could be written in a way that would assist with a quick sell with minimal major issues. The NACHI member would need to clarify that the property would be inspected completely without bias to provide a clear picture of the properties condition at the time of inspection. The Inspector is only responsible to the client explaining the condition of the property at the time of the inspection.
Research & Writing Assignment:
kitchen exhaust fans can be continuous or intermittent operated by the user. Fan that have a volume larger than 400 CFM should have an air make up that starts when the fan is activated. The exterior fan vent should be inspected to insure the fan doesn’t vent into a walkway, and to inspect the operation of the damper and type of duct material used complies with installation practices.
Research & Writing Assignment:
In this situation a family member is selling there home and ask that you go easy on your inspection.This would be a situation were you have to give your client your best informed opinion on all aspects of there inspection,regardless your affiliation to a family member.
Research & Writing Assignment:
Very informative article on how to try to do all you can not to be sued over inspections.It also was very informative on what to do if it happens.It shows some terminology not to use in your inspections,and coarses and sites to help you if it happens.
Research & Writing Assignment:
The situation is that you find a area of mold in the corner of a closet that is along a ouside wall interior wall juntion. The client is not present for the inspection, and after a attic inspection no signs of roof or any other leakage is noted, but a moisture test shows a high level of moisture. The buyers agent say’s that it is not a big deal but as a ethical inspector I would completly document the area for furthur evaluation.
Research & Writing Assignment:
Why not to pay a real estate agent or broker for prefered status as a home inspector. The home inspector in his marketing of his business should not be required to pay a agent or broker to obtain home inspection work from their company or agents. As a ethical inspector iI feel that it is not nessasary to pay to recieve referals, I feel my quality and reputation is all I need to obtain referals.
Research & Writing Assignment:
I was ask by a Client to do a in-depth Maintenance Inspection. The Client told me that a new Roof was just completed last week because of Ice Hail damage. I inspected the Roof a ground level due to weather condition with Binocular and all was good from my varnish point, however this roofing system had no Ridge Vents,suffic vents nor Gable Vents. Open completing my on Site Inspection, I indicated the issures that will happen to Her Attic Space with no air circulation to my Client and in my report I will will indicate this. I recommended to my Client to The Contractor that installed the roofing to correct those issures.
Research & Writing Assignment:
In cases where an agent tries to sway the inspector to go easy on the report, I believe that it challenges the fiduciary relationship the realtor has with their client. If they were truly acting in the best interest of the client, they should embrace the findings of a qualified inspector. Honesty and a thorough inspection will always win out in the end. We all know it will be the fault of the inspector not the realtor when the buyer encounters a problem with a home.
Research & Writing Assignment:
My client has asked me to take it easy on their inspection, in order to secure a loan for the property. they know of deficiencies, and are willing to take the risk, just to get the home. the deficiencies are believed to be severe enough that the bank will not sign off on the loan.
I believe I have to options that abide by the code of ethics. 1) I first inform the potential client that I can not omit observations I see, for the benefit of the seller or (in this case) the buyer, regardless of the situation. and that the report will be honest and truthful. subsequently 2) they may want to seek services from another inspector as their request can not be performed by myself or any other InterNACHI member.
If my services are terminated, so the client can seek elsewhere, I will refund contract amount if already charged, and furthermore feel it is my duty to notify InterNACHI of this address and situation so other members can be made aware.
Research & Writing Assignment:
In the article, “Home Inspector Ethics: Why Not Pay to Be on Brokers’ Lists?” describes the ethical and legal challenges of paying to be on a brokers list. Making the fast buck by paying to be on such a list could be construed as conflict of interest in the courts should a scenario arise. Instead the article has suggested that paying to advertise in some fashion with the broker as an alternative. Stating that “Advertising is not a violation of the Code of Ethics”. In most cases, the best form of advertising is still the referral.
Research & Writing Assignment:
A situation where ethics could be in question could be when the real estate agent contacts the inspector. The agent offering compensation to ignore material defects in the home during the inspection. The realtor could be trying to hide things from the buyer to push the sale. At this point the inspector must use honest ethics and report just as they would any other home, not IGNORING anything.
Research & Writing Assignment:
Upon meeting the homeowner, he asked me to come down to the basement to look at something. I agreed to follow him downstairs. He was rambling nervously as he showed me a significant separation of the corner of the concrete block foundation wall. He said he was going to conceal it by building a 2x4 floating wall in front of it and cover it with drywall, so that he would not have to pay someone to fix it properly. Before I could say anything, he went to shake my hand and I felt some folded up money. I knew right away that I was in an awkward situation that was a serious moral and ethical dilemma. This guy also looked like a football player whose pro career was cut short by a bid at San Quentin State Prison. I could have done the easy thing and take the $300 bribe money and avoid a black eye. I did what I knew was right and told him that I would have to report the defect in the wall as being in need of correction. He hung his head and looked ashamed, but said it was worth a try and sort of chuckled. I gave his money back and tried to play it off like it never happened. I made sure to look very closely at everything during my inspection, in case he had any other undisclosed secret issues. Everything turned out fine and my client still purchased the property after the foundation issue was corrected by the seller.