One way to avoid lawsuits is to become a certified master inspector. Attorneys are fearful about going up against an inspector who is certified to be knowledgeable and a master in his or her field. So being a certified master inspector deters attorneys from attacking you.
If there was a situation where a home seller asked me as an inspector to “go easy” on the roofs conditions, first and foremost I must be a integral person. I would not lie about the state of the roof. I would give the facts based on the inspection results. Even if the seller was my client , I wouldn’t lie for them.
As a home inspector it is my duty to my clients to provide a service that is free from bias. If a realtor wants me to go easy on my inspection it is my duty to inform them that my service and standards do not permit me to go easy. I will thoroughly inspect the home and report all of my findings according to the SOP.
A Real Estate Agent can sign the Home Inspection Agreement on behalf of a client. Sometimes a client may be out of state and will give permission for the agent to sign on their behalf. Also there is a concept of implied authority where the law says that the agent has implied authority to do busy for the client.
You show up and the realtor is a realtor that you have worked with before. She says just skim through the basement, do this because we are friends. An InterNACHI inspector would not listen to the realtor and would fully inspect the basement because they have an obligation to their client and organization to inspect and report accurately and everything visible to their eye.
I read the article about allowing real estate agents to sign the inspection agreement. I have had several cases where the agent has had to sign on the clients behalf. I always make sure that I email a copy to the client so they have it. I try to get every client to sign and will make an even more effort knowing what I read here.
I read the article about no visible evidence in reports. It talked about how that saying is commonly used but a court or a client may interpret it differently than you mean to convey. You should instead use did not observe any indication.
A seller requests that I should “go easy” on the roof inspection.
I would politely tell the client that although I do work for you and want to help in any way. I still have to do a thorough inspection that is truthful and fair to all parties involved.
If i was told to go easy on the roofs condition i would know that there might be a lot for me to look at. i would look into every aspect needed, and also make sure that i do my job and inspect the roof correctly.
To avoid a lawsuit i need to know that i dont have to accept work from anybody.i will use the pre inspection agreement and also take every course that there is to offer. Never call yourself an expert because they are held on a higher level.
One should never go easy on the roof’s condition. This can be one of the most costly issues for a home inspector and the buyer. The home inspector owes it to his client and everyone involved in the process an honest opinion of the roof condition.
As in most businesses. There are some fundamental actions that can be taken to protect inspectors from being brought into a lawsuit. Following the NACHI article of avoiding lawsuits is a very good start. I particularly like the library of narratives section. This is a great investment for a person like myself who is new to the business.
There are times when it is not feasible for the client to authorize the pre-inspection agreement. In those extreme cases, the realtor can sign as the authorized agent. However, it is preferable to call the client or get a written verification from the client when possible.
My wife is a Real Estate agent. I was contacted by a client to inspect one of her listings. I had to inform the client that I could not do the inspection due to my relationship to the seller’s agent.
I read an article on hiring. There is a initial fear of hiring due to the level of control over the inspection process. You must properly train employees and be willing to accept some risk if you want to grow.
The seller requests a “complete inspection” but tells the inspector there’s no need to inspect the crawl space due to inaccessibility.
The inspector notes upon arrival to the property there is a creek near the house and evidence of dampness and sweating on the siding. The inspector has concern there is water in the crawlspace.
The inspector should relate this concern and explain that a inspection should include all elements of the home.
It’s a good idea to use a written contract when using independent contractors. A good independent contractor agreement makes it difficult for a helper to
claim rights associated with your publications, trade secrets, copyrights or trademarks or
reveal your confidential information, such as marketing ideas, business plans, pricing strategies or
compel you to pay his expenses, insurance premiums or taxes or
demand severance pay
While doing inspection on house, inspector notices cracking in sheet rock that someone tried to cover up with caulking.Inspector still must report that there is cracking in sheet rock and exterior brick work indicating there may be foundation movement.Even though the cracking in the sheet rock is not highly visible, the Inspector knows the cracks are still there.Inspector does not accuse anyone of intentionly trying to cover up cracks,he just reports his findings.
InterNACHI Certified Home Inspectors have a duty to be fair and impartial, to remain truthful, and to represent the client’s interests in the course of the inspector’s work and business dealings. The given scenario, (a home seller requests that the home inspector “go easy” on the roof’s condition) provides a challenge to the home inspector by implying that the inspector should not be impartial, should not be entirely truthful, and should not represent the client’s interest by providing an unbiased and accurate reporting of the roof condition. The choices presented are to fulfill our duty to the client and provide an accurate and truthful reporting of the roof condition or to comply with the home seller’s request to “go easy” (implying the home seller may be aware of potential conditions and defects and that these items should be understated or overlooked by the inspector). The home inspector is obligated by their Code of Ethics to provide an accurate reporting of the roofs condition and must choose their duty to the client above the seller’s request. Therefore, the issue becomes one of communicating and working with the home seller in a manner that does not piss them off. In this situation, I would attempt to tactfully explain to the home seller that no home is perfect, all homes have issues, and that my job is not to pass judgement on their home but to provide an accurate reporting of the homes condition. I would avoid discussing specific observations and particularly avoid discussing my observations of the roof with the seller unless authorized to and requested by the client after the inspection.
the ethical situation that could come up between the realtor and the home inspector is if the realtor asked the home inspector to not bring attention to a moldy smell in a basement area. I as the home inspector would inform the realtor that I would not be able to comply with there request as I work for the buyer and I have there best interest to protect not his and I have to disclose all my finding to them to insure they know and understand any issues with the home.