Research & Writing Assignment:
The client has urged the inspector not to report the mismatched circuit breakers in the Electrical Service Panel because this may delay closing if the lender requires the seller to complete this repair. The inspector responds by saying that it is his duty to identify any safety hazards that he encounters while giving an honest assessment of the current conditions of the home. So he must include the faulty breakers on the report.
Research & Writing Assignment:
I chose the article entitled The Comparative Negligence Defense for Home Inspectors. The article states that the limited scope of the inspection, as defined by the Internachi SOP, should be clear in the written contract that is signed by the client before the inspection. If the inspector provides a thorough report and provides the client with pertinent information regarding maintaining the home in the future, it will minimize the potential for liability issues.
Research & Writing Assignment:
Im currently employed as a Fire Marshal. Once during my normal duties I was inspecting a apartment building and found that all bedroom windows were smaller than the secondary means of egress. I informed the property owner of the violation and informed him of the need to install larger windows to meet 5.7sqft. He proceeded to tell me he was an engineer and a home inspector and that the windows were fine. I informed he would need to comply with my orders and he proceeded to take me to an appeals board hearing. The property owner lost his appeal and had to conform to my ruling. Fast forward 3 months I was selling my townhouse and the buyer asked if I could meet the home inspector he hired and I obliged. When the door bell rang it was the property owner I made put in new windows. The first words out of his mouth was “Ha, my chance to get even” I informed him I was doing my job on his property and advised him to do just the same on my inspection.
Research & Writing Assignment:
I hired a home inspector to do an inspection on the house I currently live in. Only items he found that needed corrected were 2 outlets in my garage were reverse polarity.
Fast forward 2 weeks after closing, I notice there appears to be a crack in approximately 15" in my shower base pan. I fear theres more of a problem underneath. I gain access to my crawlspace to investigate. I make it back to where the trap is and notice what appears to be black mold and wood decay under the shower pan.
I called the inspector and asked him why this wasn’t caught and he said he wasn’t required to go into my crawlspace. I felt he may not have done his due diligence since the access to the crawl space s 30" wide x 30" tall, leading into a crawlspace with 4’ of clearance.
To say I was disappointed would be an understatement.
Research & Writing Assignment:
I read the dangers of claiming to be an expert article. In my current line of work I do hold an expert status and certification in water purification. Although in taking this course I can see there are too many variables in the course of the inspection and shortly after that can leave you open to libel suits mostly based on marketing. I can see a clear path in forming an s Corp and putting myself into an employee status as a further level of wisdom and caution.
Research & Writing Assignment:
The house seller asked the home inspector not to go into attic because there were very expensive old family heirlooms stored up there and did not want them damaged. The home owner stated that if there was damage the inspector would be responsible for items, The home inspector could honor their wish or consider it to be a reason to keep him out of the attic. Does the inspector not enter attic in fear of damaging the heirlooms or fulfill his duty to SOP and COE. I believe that the home inspector should ask the home owner to go with him into the attic to ensure no damage was done to the heirlooms and to be able to do a thorough inspection.
Research & Writing Assignment:
Meeting the sellers agent at the property and he/she says " can I get your card? Cause if everything goes good here I’ll use you in the future". Wink…wink…
I have only one option. Hand them my card and do the job like any other, to the best I can to ensure my client in well informed.
Research & Writing Assignment:
How to Lower liability.
By becoming a member you have access to education, 1000’s of other members who you can reach out to, tips from professionals who cleared the path for you. The more you know the less likely you’re to be in the wrong… becoming a member give you everything you need to lower your liability.
Research & Writing Assignment:
The Dangers of calling yourself an Expert. The SOP and COE are established to protect the profession of Home Inspectors. When we follow these guidelines we can have a sucessful business and not end up in an court room. When we are seeking more business and we are looking for an edge over the competition we might stretch the truth alittle bit. When we say we have completed hundreds of inspections when we have only completed ten could be leading us down the wrong road. Next we will call ourselves experts to get more jobs and it may work until something goes wrong. The intregity of your business and personal name could end up in any court room with a judgement against you.
Research & Writing Assignment:
In doing research regarding becoming a home inspector I referred to a friend/mentor. During our conversation, I asked if it was the responsibility of the home inspector to refer to local contractors or build relationships with contractors to provide referrals upon following an inspection. His answer to me was, no. It actually could be considered a conflict of interest. He made a good point in his statement. For example, if I was feeding referrals to a buddy based on my inspections he could greatly profit off my results. This was a relief to me as I would not have to make referrals for potential repairs. But to leave this decision up to the responsible party.
So to understand that the line cannot be crossed when another associated party can or can potentially profit by my report would be a clear conflict of interest, which would be classified as unethical behavior on my part.
It would be my practice to clearly state issues that are in need of correction, but not to recommend who should or would be the best party to make the correction.
Research & Writing Assignment:
Home owner said to not check the attic. Upon checking the attic the inspector noticed no insulation. The inspector took pictures of the lack of insulation and advised that there was a correction needed and recorded in a written report.
Research & Writing Assignment:
If a home inspector misses something: you wont be able to find every single flaw with an inspection, you can only see what is visible to you at the time. if something is missed, apologized and get on with it
Research & Writing Assignment:
A difficult scenario is if the buyer is the one requesting an inspection list fewer, or downplay any issues. The buyer has more to gain than the seller in knowing any material defects of the home. Regardless of who is requesting it, it is appropriate to list all information truthfully and accurately. It is inappropriate to assume there is just cause for misrepresentation. In the above scenario it’s possible the a mortgage company may request a copy from the buyer. The inspector should not make any assumptions regarding ethics and always be truthful. This should be made clear both in contract and in person should the situation arise.
Research & Writing Assignment:
Risk management is an important part of home inspections. One area of concern is breaking something that is part of the home. Reframing this situation to the client is important. All operations of the home inspector are done under normal use. If something breaks under normal use for an inspector it is part of the inspection. It would have broken under normal use anyway so it is important to have caught it during the inspection. Not including or completing normal operating could be considered negligent and a legal issue.
Research & Writing Assignment:
In acting as an ethical home inspector, it is our duty to report on the condition of the home without bias. When someone tries to sway our reporting or inspection we are obligated to uphold the integrity of INTERNACHI by offering our honest opinion. If, and when, I encounter this type of situation I will report on the condition of the home to the best of my ability without the influence of an outside source. For example, if I see a roof is in disrepair, I will make that known in my report. If the roof is in good working order, I will report it as such.
Research & Writing Assignment:
In reading the article titled: “Easy steps that help home inspectors avoid lawsuits” I learned that taking simple precautions in how I conduct business goes a long way in the court of law. Taking action to show that I have done my due diligence is the best way to protect myself. In addition, using all of the resources InterNACHI offers will help my business in the long run.
Research & Writing Assignment:
For instance, if I were inspecting a bathroom and I noticed a soggy subfloor, some rot, and maybe even a little mold and the home owner tried to offer me money not to put it in my report. I would tell him sorry I couldn’t, and wouldn’t as it is my job to be objective and impartial.
Research & Writing Assignment:
A person who wants to have a home inspection business must incorporate as a limited liability corporation. That way if a client sues, they cannot go after your personal assets. Also at no time should a home inspector claim to be an expert in anything as that statement can come back to bite you in a lawsuit.
Research & Writing Assignment:
A new real estate agent recently contacted a licensed home inspector who is a member of InterNACHI. The real estate agent mentioned that he would like to enter into an arrangement with the home inspector. For every inspection the real estate agent brings to the inspector, the inspector would compensate the real estate agent $50.00. The inspector had to inform the real estate agent that it is against InterNACHI’s code of ethics to compensate any persons for bringing them work,
Research & Writing Assignment:
It’s Ok to damage house components during a home inspection. For example take the case of probing for rot in the exterior trim at the eaves of the house. In order to properly assess the level of damage an inspector may have to stick a screwdriver or related tool into the trim which could result in a hole appearing in rotten trim. The inspector has done his clients a good service even though the trim was damaged in the process.