Some clients cannot read. They take the report home and on a shelve it goes.
What would a prudent reasonable man/person do? He would read the report. Why hire you otherwise?
Raymond Wand
Alton, ON
You want a dipwad story?
This chimney access is sealed- I mean sealed - off in an old house I inspected. Dingleberry cut it loose, removed the plug, got soot dumped all over his brain bucket and the new rug after he moved in, then threatened to sue me.
Yeah, right.
lol…If you ask me it is a big FISHING event…seeing what you will do and the attorney is probably the friend of the guy anyway and he is trying to get these AFTER the sale items fixed…if it were me and trust me I have been to court alot…I wont go their…lol…because I end up doing the suing but anyway…he is most likely trying to frighten you into doing anything they want.
Have you considered discussing the matter with NACHI’s Alternate Dispute Resolution Service.
I will submit this to Andy Norman.
He can help.
If you have an E & O insurance policy, immediately contact your insurance company prior to making any responses to the buyer’s attorney. Your insurance company will no doubt help you with the response in an effort to stop the litigation dead in its tracks. You should have all sorts on claim/complaint instructions from your insurance company. They’re only a phone call or email away! I agree with Joseph, “Relax, you haven’t been sued yet”…
I disagree, do not contact the Insurance company, you have a letter of Intent, they are expecting a response.
If there is a sink hole, you can simply stste that it was not visible at the time of the inspection, and, if you PIA states that you do a visual inspection, which the clients signed, then you *** is covered. Never get the insurance involved until you have a papers served for court.
I would alsor respond in writing and fax a copy to the lawyer, and send a copy.
I don’t think this will head to court, so don’t sweat it, but make sure you cover you tracts.
Hi Carl,
I would recommend that you contact an attorney to help you with a response. A few dollars spent now may save thousands latter.
Carl, Go to “What’s New,” and read my article, “The Law and Litigation.” I’m posting another article today. We’re all in the same sinking boat, but no one really wants to talk about it, let alone do something about it. I wish you well.
Joe Hagarty is absolutely correct.
I can’t tell you the number of times clients of mine have gotten letters like the one you describe. I always sent the attorney a get-out-of-my-face letter with the following concluding paragraph:
“Should a suit be brought against my client on the grounds advanced in your letter, I assure you that, following my client’s certain vindication in that litigation, a full retaliatory response will be brought against both you and your client that will seek not only statutory damages but tort and punitive damages, as well. I sincerely hope that that will be unnecessary.”
In 100% of the cases, the guy went away.
Carl
While I know that Joseph is probably right sometimes a better approach is to fall into the hands of the attorney, play along with the game, gather the information, and wait until you make your final decision on the situation. Going for the throat up front, while may seem appropriate, rarely ends in a win-win situation. If you can justify your inspection and inspection report, you will come out on top. Many cases you end up as an expert witness or have the ability to assist the client with finding an expert witness to help them follow the seller later.
Josephs letter will be needed in part or in full as part of your validation letter. This however is normally two letters away from the start line.
With a claim of this caliber, I believe you must take a stepped approach.
The following is what we try to do. There is no perfect situation and every claim must be dealt with on its own merit.
Rather than focusing on the problem you should focus on a solution.
If this is truly a major lawsuit then this letter is a way to gather information. This letter was probably sent to everyone in the transaction.
To guess what the motive is or is not is not worth the time at this stage. All that is needed is a letter form you requesting more information about the situation.
As far as dealing with this claim. Firstly don’t panic. That is the worst thing you can do. The attorney will sense it and walk all over you.
Draft your first letter that starts with “ Thanking the attorney for notifying you of your clients situation and that you are truly sorry that your clients are not satisfied. This is the first part of your letter and it is basically an apology and introduction. It lets everyone know that you do understand the situation and are committed to your service.
You next paragraph should be started with “ In an attempt to get a better understanding of the situation you are enclosing what we call a notification form for your clients to complete. It has various questions about the home, inspection and the claim at hand. It also asks about pre settlement walk through and other relevant information you need. In essence it is no different than an insurance form but when complete it formulates the agenda of what the issues really are. Without this you are going to be subjected to different issues every day. This also lets the attorney know that you are organized and not afraid.
You last paragraph should state that once you have receive the completed information you will make contact immediately to arrange a mutually convenient appointment to review the claim, with the client. Always try to have the client there as you can gather more information.
At no time should you ever admit fault. Do not even give the attorney any information you already know either, until you have looked at the problem. An example here would be the seller’s disclosure. Most inspection companies already know where they stand on a claim from the start, it is merely the communication of this claim that makes the difference
Your next job is to inspect the problem. Your objective should always be to gather information. It will involve doing all the listening. When you have inspected the problem then you should respond on your findings. It is only in this letter that you outline you position, when you know the facts.
If you would like to call our office and speak to Julie, she will be more than happy to email you our standard letter and form if you wish.
If you need help afterwards you can also contact me via email.
Kind Regards
Michael Rowan
For once I agree with Joe Ferry.
Hit them hard right between the eyes.
The only time I was ever sued, (not related to a home inspection) all my “being polite and trying to gather info” got me was more threatening letters.
Once my attorney fired off the letter telling them we looked forward to winning in court and then hitting them with punitive damages, they mysteriously dropped everything and I never heard another word about it.
Just my experience with the joys of lawsuits, take it for what it’s worth.
Michael Rowan:
Welcome to the message board!
Welcome to the board Michael Rowan.
That was a great first post.
No matter what comes of this matter, I would like to thank everyone for taking the time to write giving me your advise and support. I must also thank Gerry Beaumont who I called when I first got the attorney’s letter for taking the time to talk to me about this and give me his advise.