I received a letter from an attorney yesterday informing me that his client is taking legal action against me. The reason I did an inspection for him on December 17 and I quote “I negligently failed to report and/or notice that the property has a sink hole located on it which diminished the property’s value”
The main reason I did not report it was because the sink was filled in over 10 years ago and did not have a clue the bloody thing was ever there…, but according to the attorney I should have known and reported it. It does get better as in the owners discloser it was put in there that 10 years ago the property had a sink hole in the front garden to which the buyer had signed before December 17.
The 2nd reason for the legal action is that their is a large hole in the dry wall. The reason for the hole is due to the owners calling in a plumber to repair a leaking water pipe that I found and reported on in my inspection, now I am being blamed that the plumber did not repair the dry wall.
I would love to know has any one got a better story about being sued
How are you responsible for something that is outside the scope of the SOP and the scope of your knowledge? It true you can be sued for anything.
Personally I would throw the onus back on the lawyer to provide documentation of his claim. Sounds like they are fishing.
Raymond Wand
Alton, ON
I didn’t know we was in the business of insuring a homes value.
And a sink hole, that was filled in 10 years ago, unless it’s a sink hole now, who cares???
That’s like saying I am suing you because 10 years ago the roof leaked. It’s a new roof, but you should have known. That’s ridiculous.
You have my sympathies!
They were already told there was a sink hole. I would counter sue for filing a bogus claim. But I am not an attorney.
I think Nachi (Joe Ferry) should review it and if it is a bogus claim then NACHI should represent him and then in turn file an ethic’s complaint against the attorney.
I don’t, and also hope to never have a better story, or any story period.
Carl:
It is only a letter notifying you of the client’s intent. You are not being sued.
Draft a professional response letter pointing out the areas within your Contract, Report and SOP that are applicable and address the situation at hand.
Have your attorney review.
Don’t lose any sleep over it.
Couple of thoughts come to mind…
Do Home Buyers in Florida conduct Pre-Closing reviews before close of escrow?
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Was the sink hole observable at time of Pre-Closing Walkthru?
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Was the missing drywall present at time of Pre-Closing Walkthru?
You know the worst part of it is some thieving lawyer took someones money again…
Was your client even there at the time of the inspection???
If your client was at the inspection, the attorney and the client are both idiots.
My thoughts exactly. They are probably just fishing figuring that your insurance co. (if you have it) would rather settle than pay an attorney to fight it.
Lawyers are the real thieves!
Yes he was there, I have told is attorney that the case is BS and he gos though with it I will ask the judge to make him pay my legal fees. I dont think it will go that far but it goes to show how low people will go.
WHAT ARE YOU NUTS !!!:shock: :shock: :shock:
It’s not even me and it gives me the willys, if your an old pro at getting sued, no sweat.
But if your a first timer, man, some people just take it real hard. Even if you know your right.
It’s like a hallucinogenic drug, next thing you know your seeing things.
You could be a movie director with all the different scripts as to how this could play out.
Carl,
You say that the seller disclosed the sink hole. So don’t worry. Your report is not deficient if it failed to mention any item that the seller did mention.
Note the last sentence of the first paragraph #1 of NACHI’s Agreement between you and your client. It reads:
- “The report is only supplementary to the seller’s disclosure*”
We think of everything.
This maybe true but I still got the willys:shock: :shock: :shock:
Me too. But let’s free Willy.
There are more lawyers than cars here in FL. They go fishing all of the time, but they don’t use rods and reels!!
Remember, FL is a homestead state (one of 19), so all of your joint property with your spouse, your house, your car, six months income, your retirement or IRA accounts, and other items are protected in a law suit. Maybe that will help you sleep some.
I’m also being sued for something I don’t inspect for-a code violation. This guy also had the nerve to include another inspection I did for him saying I didn’t tell him the furnace was bad when he bought it, I did tell him it was bad and he had bought the property before I even inspected it!! This has been going on since Oct. He has been sending threating letters, wanting me to claim it to my insurance( I won’t, I didn’t do anything wrong!) As long as my contract says I don’t isnpect for anything outside the SOP there’s nothing he can do. It’s going before arbitration sometime this month. So hang in there! This guy has been bullying me since Oct, like I said and he hasn’t got a snowball’s chance in hell of winning since I did what I should within the scope of a home inspection. Don’t let the threating letters scare you into paying him off. I just kept sending him a copy of his contract and SOP underlining the part about what I don’t inspect for. What some people will do to make you pay for their problems.
Don’t answer anymore letters from him. Let him hire a lawyer and seek a claim in court. He is the cat and you are the mouse.
Obviously he may not be playing with a full deck of cards.
Raymond Wand
Alton, ON
Well if it does go to court, we will see how good the NACHI customer satisfaction survey is. As I always get my clients to fill one in if they are present for the inspection. He answered yes to all the questions. I must also say the broker and realtor for Century 21 have been great and both are backing me to the hill.