Being a licensed home inspector I am bound to be truthful about all my observations. I am employed by the buyer and they have put their trust in me to be as honest as I possibly can and iwill be.
The simple answer to why a home inspector shouldn’t refer to themselves as experts is, to avoid being sued. If the client knows that you are not an expert in a certain field than it makes you less liable than just having a general knowledge of most fields.
“The Dangers of Calling Yourself an Expert” states that the courts may set you to a higher standard since you said you were an expert. It would be best to state that you are experienced or knowledgeable about home inspections but not an expert. If you do this you are less likely to have a lawsuit brought against you.
After reading these articles the one that really interest me was the cautious side because of the frivolous lawsuits that makes my whole Lotta sense to spend $40 for a caution sign to keep a client or someone else from actually getting injured during inspection so I believe it will be worthwhile to purchase one or two of these and keep on my service vehicle.
Essay: Violation of the Code of Ethics
After completing a home inspection, multiple issues are discovered that require repair before the home can be sold. Because of an approaching deadline, the home owner offers to pay you to make the repairs immediately. This would clearly violate the code of Ethics for work performed before the 12 months have passed.
The InterNACHI member shall not:
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 or for inclusion on lists of preferred and/or affiliated inspectors or inspection companies.
If I were to find myself in this situation, I would be polite, supportive, and reassuring.
I’D SAY:
Mr/Ms Home seller my report will be exact and to the full scope of my abilities. I will be highlighting all aspects of the roofing. Facing reality leads to discovering solutions. The condition of the home is just that. So, sir/ma’am don’t worry.
Although the thought of being before a judge for an inspection is horrible, it is wise to stay mindful of life’s possibilities. A great way to stay mindful is in the language used when reporting on the home. Speaking, or rather writing, in a style that goes back to the day of the inspection, helps to identify the point at which the reported condition of the home was accurate.
A situation could arise where a buyer agent has asked the home inspector to not put some of the “minor” repairs and inspection items in a report so that the sale will go through. The agent offers the inspector additional future business if they comply with the request.
The home inspector could chose to comply with the agent and omit certain "minor items from a report or the home inspector could place all items located during the inspection into the report.
The home inspector would jeopardize his license, business and reputation by complying with the agents request. The damage to the inspectors reputation and future earnings is at stake and the inspector should follow all guideline and ethical mores and explain to the agent that this is improper, illegal, unethical and is not something they are willing to do.
If I was doing an inspection and the seller asked me to go easy on the roof I would calmly state I am here to do an inspection on safety and function. I will report what I see on roof.
The article I chose was is a real estate agent able to sign the inspection agreement for the client. What I discovered from the article is that there are several instances that a client/buyer might not be able to sign the pre inspection agreement. often time, the client is located in another state, has a physical disability or is a minor and is not able to sign the agreement.
Under circumstances where the client is unable to sign the home inspector should ensure the agent is able to sign for the client. This can be done through a legal binding document done by an attorney, a disclosure in the agreement between the agent and the client or or with legal consent by the client.
Home Inspectors shall not advertise any Realtor’s company information on his and or her vehicle as a means of marketing for a fee as it is a conflict of interest and not an approved marketing plan for the inspector as it shall present an ethical situation of bias for the inspector’s client’s and business relationships.
If a home inspector provides marketing space for a fee “rolling billboard” on his or her vehicles, trailers, and marketing materials / flyers; inclusive of the home inspector’s web site is a conflict of interest and may present a “bias” or perceived ethical situation for your clients and or business relationships.
Home Inspectors should strongly consider any perceived “bias” or favoritism to any Realtor as it may present a conflict of interest if one intends to offer marketing for a fee as a source of income or marketing plan.
Home inspectors should always adhere to InterNACHI’s code of ethics and deliver the best services to his or her clients as their relationships are paramount should never present an ethical situation that could impact all members of InterNACHi or Realtors in your line of business areas of responsibility.
The article that I chose to review was “The Comparative Negligence Defense for Home Inspectors.” What I realized after reading this article is that an inspector has an opportunity to provide information to clarify the parameters an inspection. This information serves to set the clients expectations and educate them on the function of a home inspection. I have paid for two home inspections and neither time was asked to sign a preliminary agreement. It is clear to me now how this simple step can be helpful in avoiding conflict and confusion after the inspection is completed.
I researched the articles regarding defamation of an inspector’s business reputation by a former client and or a Realtor. As fellow Home Inspectors we have been exposed to many social media forms and or products to market their professional services for a fee. Many social media / marketing sites provide former clients the ability to provide negative feedback that may not be warranted and to often disparage or defame a Home Inspectors business reputation.
InterNACHI offers members the library of legal position statements and warning letters to present to former clients; to include Realtors, who may attack one’s professional character via the internet, social media, Angie’s List, and Face Book social media sites. InterNACHI’s tools provide the ability for Home Inspectors to reduce risk and protect one’s reputation from defamation and false statements by biased former clients that may include recovering legal fees and legal damages from false statements made by former clients.
I would tell the seller than I would provide an honest inspection of the roofs condition and should expect the same from any inspector he hires. I would also remind him that it would be against my ethics to falsely report a problem.
I learned that Realtors actually mention home inspectors in their code of ethics. It is in everyone’s best interest to stay ethically sound. If you build a reputation of being ethically sound and honest you could gain a good reputation in the realtors circles.
If a certified home inspector is asked to be easy on a home inspection by a realestate agent for financial compensation this leads to a moral and ethical question. What is the proper course of action? Honesty and integrity are key factors in business. turn down the job and move on to the next one.
The home inspector is offed a substantial bonus from the client, if the inspection shows few deficiencies in the electrical system. The inspector should refer to his duty to the public and state, that he will act according to the code of ethics. To provide a honest,unbiased, report that will not discredit the profession, or himself in any way.
You may avoid lawsuits by joining the world’s largest inspection trade association and follow its standards of practice. Incorporate your business so you share the limited liability. Take all of the continuing education courses available to you. And then become a certified master home inspector but never refer to yourself as an expert.
Avoiding lawsuits. Understanding my role as a home inspector and utilising the knowledge provided in the interNachi courses does no make me an expert. Using the correct wording when building a contract could keep myself out of the court room. Recommendations are only that, a recommendation, based on the general knowledge from the courses that were taken, and the certificates of completion.