Is inspector liable

[tglaze (Thomas Glaze)]

@ddemiraiakian2

I’m out of this pissing match.

It’s proven that men can piss further than women…

[spatterson5 (Scott Patterson)]

@ddemiraiakian2

Unfortunately, the case was sealed by the realtor, for obvious reasons…and no, it wasn’t Riverside County. Owned numerous properties in CA.

Why? A civil case like this can not be sealed by a person. The Judge could seal it but that is very unlikely in a civil judgement case.

[ddemiraiakian2 (Darlene Demiraiakian)]

Yes, the person files to have it sealed and the judge signs the order to have it sealed.

Businesses do it all the time, so the public can’t see they’ve been sued…bad for business.

Also, not every county has the same laws. Some counties allow for public access, online, some don’t. Some allow dor civil fules to be sealed, some don’t.

[ddemiraiakian2 (Darlene Demiraiakian)]

Your right, I apologize. That was uncalled for.

[jmckee (James McKee)]

So correct me if I am wrong you asked (if a home inspector…} then sometime later You state that a 65 year old realtor posing as a home inspector filled out paperwork that blew Your deal,what in the world does any of this have with home inspectors as there clearly was not one involved in Your scenario???..

[jjonas (Jeffrey Jonas)]

@jmckee

You state that a 65 year old realtor posing as a home inspector filled out paperwork that blew Your deal,what in the world does any of this have with home inspectors as there clearly was not one involved in Your scenario???..

Looks like someone is digging for more lawsuit fodder!!

@ddemiraiakian2

What does that have to do with where INTERNACHI Educational staff choose to post the essays written by students taking the course? Are you saying the Educators should have to take an IQ Test. .

[escanlan (Emmanuel Scanlan, TREC# 7593)]

@ddemiraiakian2

I wanted to know how much Inspectors who have gone through this program really know. Which, doesn’t seem to be much about following instructions.
Not all home inspections are cut and dry.
If a client calls for a home inspection on plumbing, because an issue in the plumbing is suspected, are you going to perform a complete inspection???
Another reason why I posted this, was to show what happens when a state chooses to not regulate, the industry, or require inspectors to be licensed. It’s a travesty, just like the Handyman industry, in California. Leaves the industry opened for anybody, to become a Home Inspector, performing substandard inspections, creating a bad name for all.

Texas, the State I am in, heavily regulates Home Inspectors and that has not made much if any difference with Home Inspectors not performing so that argument is invalid. If you would like to see what happens in Texas you are free to review the Texas Real Estate Commission enforcement actions on their site here https://www.trec.texas.gov/ . You should keep in mind these are only the instances where the consumer files a complaint. Since Texas requires E&O insurance, and a TREC complaint does not yield compensatory actions for the consumer, you can bet there are many more that wind up with the E&O providers and never on the TREC radar.

@ddemiraiakian2

I was quite honest. I was not deceptive, I didn’t lie, exaggerate, or try to pull anything over on anyone. I asked a simple question, that had a simple answer. “If the customer request an internal inspection only, then an internal inspection us only to be reported”, but everybody attacked me , accusing me of lying, choosing to judge me, without even knowing me, for no apparent reason, while avoiding trying to answer the question. Does nobody care to learn something new, or to be aware of, if ever to come upon similar request.
I think everybody on this sight are extremely judgemental and opinionated, when it comes to others.
nowhere in my question was there a reason to judge me, but rather than try to look at the question as a whole and look at what could possibly be right or wrong in the scenario , you all chose to judge me as a person, trying to find some kind of manipulation on my part, when I had no ill intentions at all.

The only reason I can see why you are determined to be so negative a hurtful toward me, is because you didn’t see that the “,inspector” did anything wrong, and are trying to blame me, to justify your answer, now that I did point out the faults. ( That’s just my opinion).

Actually you were deceptive as the issue had already been resolved, and to your satisfaction, and as such no reason to come here asking a question as if you were seeking help. If anything you are doing a disservice to all consumers who come here asking for help as they too may now be suspect of playing games as you have.

Since you are directing this response to me please display in my original post how I attacked you, accused you of lying, or chose to judge you? You are way off base with these assertions directed to me! As a matter of fact I have been beat up many times here for taking the side of the consumer that comes here looking for help.

Absolutely I was opinionated and judgemental in my first response to you but that was in support of you. I treat all consumers this way until they prove otherwise. Unfortunately you are proving otherwise and that those that might have posted what you considered attacks were apparently able to see through the noise and proved my approach wrong. However I will continue treating all consumers with respect until they display otherwise as seen here.

Again please show me in my first response to you where I was trying to find fault or manipulation on my part? Again quite the opposite but you have displayed this well in successive posts.

As for the Inspector not doing anything wrong again please show me in my initial response where I even came close to taking that approach?? I see so much wrong by Inspectors and have helped so many consumers fight it I certainly do not know where you are coming from with that accusation??

@ddemiraiakian2

I wanted to know how much Inspectors who have gone through this program really know. Which, doesn’t seem to be much about following instructions.
Not all home inspections are cut and dry.
If a client calls for a home inspection on plumbing, because an issue in the plumbing is suspected, are you going to perform a complete inspection???

Another reason why I posted this, was to show what happens when a state chooses to not regulate, the industry, or require inspectors to be licensed. It’s a travesty, just like the Handyman industry, in California. Leaves the industry opened for anybody, to become a Home Inspector, performing substandard inspections, creating a bad name for all.

I certainly can not speak for others but when I am called for a scaled back inspection (happens quite frequently) and see a significant issue on a system I was not contracted for then absolutely I will add it to the report! Just because a client chooses to save money on a scaled back inspection does not mean I can ignore that significant defect especially if it is a safety item. Do I perform a full inspection no but from your description neither did the person you had the issue with. Does what I do make that person right in what they did not necessarily but this was a very general question you asked.

@ddemiraiakian2

This is a question about what an inspector is to put in an Inspection report, as far as wording and saying something beyond their scope, while over exagerating the observation.
Yes it may be a legal matter, but I want to know how far is too far in wording, for an inspector.
Though your comment is telling me that no good advice can be sought here because it’s free. Nice to know. I’m sure everybody else feels that there advice is useless, because it’s free, just as you do.
Silly me to assume that this forumn woud get me responses from educated, professional, home inspectors that would be unbiased and helpful in assisting me in understanding when one has gone too far and left themselves liable for a lawsuit.
Maybe all the inspectors on this sight don’t worry about that because they have th release of liability signed prior to inspection and good insurance, but I don’t want to have to rely on that, as an inspector. I want to do things right.

If your purpose was to show Inspectors what can happen in a situation like this then why did you not approach it that way? You could have worded your topic title and first post letting Inspectors know what happened including the final outcome. That certainly would have generated many more cordial responses I am sure. Instead you came on this board with a post title and wording leading members to believe you were looking for help in an important situation to you that has not yet resulted in a legal action. You affirmed that approach in follow-on posts.

@ddemiraiakian2

This happened 2 years ago. What are you talking about???

What you have done is deceived the members into believing you had an ongoing problem when in fact this is a dead issue from 2 years ago. Some have actually spent their time trying to assist you and you continued to lead them on the same path. You have contributed nothing to this board with this post and responses and again as I have said possibly put an unfavorable view of the next consumer coming here for help. You should reassess your communications skills before you attempt any endeavors as they may hinder your progress.

[mgoldenberg (Marc Goldenberg, Inspector # HI1365)]

@jjonas

someone is digging

Someone told me about a suspected drug felony… … … …

[dhorton2 (Daniel Horton, CMI®)]

@ddemiraiakian2

This happened 2 years ago. What are you talking about???

Because you made it seem like this was a recent problem, and you were wondering how to proceed with it, and to ask if we thought you had any reason to sue the inspector.
But, apparently that was already happening, and was near finalization.
So not really sure what the point of the whole discussion was?

[ddagostino (Dominic DAgostino, CMI HI3957)]

@dhorton2

So not really sure what the point of the whole discussion was?

That makes all of us…

[mpowell9 (Michael Powell)]

I hate that I wasted the time to read all of this. I should have stopped at the reasons cited for why the judge ruled in her favor (that don’t exist).

[rbleich (Richard Bleich)]

You’ve Been Trolled Unofficial Lyrics Video

[ddemiraiakian2 (Darlene Demiraiakian)]

In CA anyone can be a home inspector. no regulations, no licensing requirements.

[bcawhern1 (Brian Cawhern, CMI)]

@ddemiraiakian2

Unfortunately, the case was sealed by the realtor,

How convenient to the story.

If this has all been adjudicated then why did you bring the question here?

[ddemiraiakian2 (Darlene Demiraiakian)]

Inspector Didn’t have proper education in construction and/or roofing, to be able to determine whether or not the roof had any structural failure…

[ddemiraiakian2 (Darlene Demiraiakian)]

…I went through the 2 yr court case and $30,000 of legal fees to know that it is all true. I got my house back, the lost income from having to move into a rental property while the case proceeded and attorney fees. By the time it was all said and dine, there wasn’t anything left to repaint the house, or perform the repairs needed from the bank leaving the home vacant for 2 years.
Very much true!!!

[ddemiraiakian2 (Darlene Demiraiakian)]

@escanlan

If your purpose was to show Inspectors what can happen in a situation like this then why did you not approach it that way? You could have worded your topic title and first post letting Inspectors know what happened including the final outcome. That certainly would have generated many more cordial responses I am sure. Instead you came on this board with a post title and wording leading members to believe you were looking for help in an important situation to you that has not yet resulted in a legal action. You affirmed that approach in follow-on posts.

Emmanuel, you are correct. I obviously went about this the wrong way. I wanted to know how many inspectors would choose to report beyond what the client requested, when it was stated that there was no issue with the roof, other than cosmetic, to the fascia board and soffit.

I never intended to make it sound shady or like I was trying to be deceiving. I had no ill intentions, I was, out of my own curiosity, just wanting to know what other HI would do.

Instead, it came across the exact opposite of what I had intended.

How my own character and integrity came under fire, so quickly, over, what I thought, was a simple question, caused me to become defensive.

I don’t believe I intended my response to be directed towards you, I believe it was intended for another, but that still doesn’t make it right.

I apologise, not just to you, but to everybody in this forum. I should have just shared what had happened and what the outcome was, as an informational event to inform others of what can happen, when…

I should have never let this get so out of control.

It’ll be a long time before I show myself in here again. I’ll just cary on with my studies and leave it at that.

Take care, to all.

[bcawhern1 (Brian Cawhern, CMI)]

@ddemiraiakian2

Inspector Didn’t have proper education in construction and/or roofing

That is unfortunate. I suspect this was disclosed during your “court proceedings”.

What did you come here for?

[ddagostino (Dominic DAgostino, CMI HI3957)]

@ddemiraiakian2

I should have just shared what had happened and what the outcome was, as an informational event to inform others of what can happen,

Well said, and very true.
Thank you.

[rkenney (Robert (Bob) Kenney, CMI® MD Lic.# 31044)]

Goodbye! ****