The article “The Dangers of Calling Yourself an Expert” by Nick Gromicko describes the potential pitfalls home inspectors may encounter by claiming to be experts. In general, home inspectors are generalist and not experts. The term expert has a specific legal definition accompanied by an expectation of a higher standard of care for the expert over the generalist. Home inspectors who describe themselves as experts and become and subsequently become involved in claims against the inspector are likely to be held to a higher standard of care due to their self acclaimed expert status. This higher standard of care expectation is more likely to result in a weaker position during settlement negotiations and legal trials.
After reading the article about avoiding lawsuits, I have learned the importance of following proper procedures and insuring to have the proper paper work filled out prior to the inspection such as the pre inspection agreement. This will help explain what the limitations and expectations the client can expect from the home inspector and by reading this form and having the client sign this it states that the client is in full agreement with you abilities as a inspector and knows what to expect.
It is my responsibility to follow the code ethics guidelines by internachi and they will need to find a different inspector? I’m required to identify any defects defined by these standards that are observed and deemed material by the inspector.
for the seller to ask the home inspector to " go easy " on the roof is an implication that the seller wants the home inspector to LIE about the true condition of the roof resulting in a bit better report for the seller so that he/she may not be faced with having to replace the roof before sale.
It wouldn’t be a bad idea to take three pictures of the water meter gauge reading at the end of your inspection. This gives unarguable proof that there were no missed leaks throughout the house and that the inspector did not leave any water running in the house.
The inspector is promised additional leads if several non-safety related issues may be overlooked. The inspector should always be fair and honest. Their professional reputation along with possible liabilities are at risk. Being honest will in the long run show that you practice integrity and ethics everyday.
As a home inspector you are inevitably going to encounter situations that could be considered ethically questionable. One such possible scenario could be a situation where one of the parties offers some form of compensation or incentive for being lenient on an inspection. When this situation were to arrive the most appropriate response would simply be a thank you and clarifying to the individual that I strive to provide the most accurate and neutral inspections and reports for the benefit of all individuals involved.
There are several ways to mitigate legal issues, get incorporated, become a certified inspector, use a contract to hire support help, never refer to yourself as an expert, use standard inspection agreements, don’t be afraid to turn people away, always take pictures especially of the water meter.
Right or wrong, in some cases, it makes sense to cut a deal with a complaining client to avoid a lawsuit.
Never apologize. An apology may be used to support a future claim that you were negligent.
If you have to pay to have a repairdone to correct a defect your client claims you “missed,” always ask for a handwritten letter of reference thanking you for quickly solving the issue
The certified home inspector should abide by all InterNACHI code of ethics and explain that all areas will be properly inspected to the best interest of all parties to ensure all parties reputation meets standards and expectations of both client and InterNACHI,thus ensuring a longer relationship for all parties.
I have found that in my current position as a handyman that by referring yourself as an expert puts the risk at the most elevated level and client may assume that your verbal quote my be fact and can pursue the H.I. liability.
A real estate professional asks me to fix some of the issues after an inspection. In that situation, I would not accept the offer and would refer a third party who I deem reputable, trustworthy and not have a vested interest.
The article regarding including an InterNachi SOP link on the company website was very useful. After reading the articles from this section, I shall be limiting my potential liability an fully intended to utilize incorporation, liability insurance and all asset protection strategies
Deceptive trade practice:
Breach of contract : breached the contract by failing to provide the expertise you claimed to possess.
Mis representation: You may be liable for misrepresentation if you make a false statement, the statement is material, and the customer relies on your statement to his or her detriment.
Warranty claims : implied warranty to the customer concerning the quality of your services.
Seller requests the inspector overlook the lack of makeup air in the gas water heater closet.
The correct way to respond to such a situation is to explain to the seller that it is not only unfair to the buyer to withhold information on a potential safety hazard but also explain that it is also not safe for them to ignore such a hazard. Recommend that the sellers have a qualified contractor evaluate and reach a solution that will keep themselves and future buyers safe.
"Can a real estate agent sign your agreement "
In reading this article I learned that it is highly recommended that you receive a signature from your clients. That being said there is such a thing as a authorized agent which means said agent has documentation from the client to sign. There have been occasions where agents had no signed authority and such a thing as implied authority which will help you if a problem were to arise. All in all I would rather just get the proper signatures from your clients.
While it may be a great tool for marketing your business, referring to yourself as an expert as a way of advertising is very risky. You may be openening the door to possible lawsuits. A customer who has a grievance and is unhappy may have a way to prove that you are in breach of contract if your are not able to provide proof of said expertise. A better way of wording your expertise would be to use words such as knowledgeable or experienced.
Inspectors are generalists and should not claim to be experts.
One instance as to where an InterNACHI Certified Home Inspector may be involved with an ethical situation in which there may be two available options to resolve the problem in an acceptable fashion could be when it comes to an overlay of shingles on a persons roof. In this particular instance the house seller may believe that the condition of the roof may not be a priority when it comes to putting their home on the market. For example, in my past experience working as a roofer I came across an older couple that simply wanted a new layer of shingles placed on top of the old shingles. I had to explain to them that this would not be the proper way to fix the roof in the most safe and efficient way. I let them know that since there were already patches of shingles missing on the existing roof, it would be best to replace the entire roof completely. I also let them know that if they were to replace the existing roof with new shingles that they would be able to sell their home for a higher price as well as reassure the new owners that they have a new, safe and sturdy roof. Therefore, we came to the agreement through communication and by explaining the circumstances to the home seller that the old roof needed to be torn off and replaced.
I read the article “Easy Steps That Help Home Inspectors Avoid Lawsuits”. I learned two key things from the article. First I learned that you don’t have to accept every customer. Sometimes you should turn them away to avoid conflicts down the road. Second I learned that to avoid additional liability when hiring a helper you should always use a contract.
The HI is approached by the agent to find “extra” problems in the HVAC system. Agent states he has a friend who is interested in the property and would make it worth the HI’s effort to help that happen at “fair” price. Does the HI “take” the offer or choose the ethical choice of Duty to the Public? Making the Ethical choice makes it easy to face the one in the mirror each day.
1.I would not exam the roof deem it not safe for me to go up there to inspect the roof if I where to inspect it I would put my latter up around the edge of the roof and not get on the roof and inspect and take pictures that way.