I have a past client calling me trying to sue me for possibly missing a window well that is separating from the house. The client is saying I missed this. I do not remember seeing this on the inspection and he is now claiming that his basement flooded because of this issue. He said it is slightly visible from the exterior of the home and somewhat obvious from the inside. Does he have a claim in your opinion? Thanks for help.
Welcome to our forum, Jeremy.
Sorry about you client problems.
Can you share your report with us?..Maybe pictures?..because, if you don’t remember seeing it then it may or may not have been there.
People can and will sue for any reason THEY feel is appropriately justified.
Hang on to your hat!
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Also, how long ago was the inspection done?
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pictures would help, a basement egress window should be weather sealed like any other window, I can’t imagine why it would flood the basement because the well is pulling away…could there be a drainage issue in the well that is allowing it to flood ?
Far too many variables to even fathom a guess.
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If you use the interNACHI PIA, it is worded so that you should have the right to take a look at what the issue is that the client is claiming. Have you offered to go to the property to take a look see?
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Since when have window wells been designed to be waterproof. They’re open at the bottom.
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Photos of the exterior and interior, at all the window wells, will help you concerning this issue…Do you have them? And, can you share them here?
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Yes, he does. The question is whether you have a defense. The first step in your defense should be to refrain from discussing this claim on an open forum where the damaged party and his attorney can read and record your discussion of his claim with other home inspectors.
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Was this in your issued report?
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In other words, “anything you say can be used against you in the court of law.”
You should move this discussion to a member only section. Or better yet, discuss your options with your attorney.
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I agree with Richard.
You should ask Nick @gromicko if he would move this to the “members only” section of the MB.
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The OP should be able to edit this himself.
Even in the members only, the plaintiff’s attorney could access it. I’ve often thought the same thing stated by James when these threads come up. All discussions like this should be unrecorded verbal.
I understand that most home inspectors don’t appreciate the legal implications of our biz and most are not great or even good, business people. For any newbies reading this, under most circumstances, this forum is not the place for discussing possible or current legal actions against you.
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Number one call your insurance company right away so they don’t deny you for a claim The insurance company may want to review the issue and make a decision. How much are they asking for? Do you have a signed contract? Unfortunately, there’s thousands of things that you need to look at during inspection and it is possible to miss something once in a while.