Lawsuit vs Texas Inspectors

Lawyers file suits to get settlements from insurance companies. They have no intention of going to court and will be flabbergasted if the insurance company allowed it to go that far.

Brian -

To play devils advocate here. I was on the committee that helped write the OLD ASHI SoP which are now modified adapted and being used in AZ.

A readily accessible cover used for normal homeowner maintenance was NEVER considered something like the condensor case cover OR the evaporator coil cover. Homeowners DON’T do normal maintenance inside there. A blower cover - YES, but not the others. Sorry, gotta disagree.

Brian or John -

Also, just a thought. Go back and look at the Ohio HI Study. 3 licensed states and 3 non-licensed states. End result - Home Inspectors did NOT get smarter, write better reports, become more accurate, have less problems OR anything WITH licensing than without.

They simply made realestators FEEL better (now they got a lever).

In standing around at MANY trade shows over the past 5-10 years and talking to the insurance company reps, they have almost indicated that lawsuits DID NOT go down in licensed states AND they really DID NOT go down where mandatory E & O insurance was pushed off on us.

If there are filter/s in the cabinet I open them. In older units that is quite common. Depending on how much water staining and where would be good to know.

As for the Ohio study, that was one of the dumbest things I have read in a long time. You can pretty much any point for each side of the argument using that study. The surprising thing is someone paid to for the study.

And having experienced our Legal system first hand, the SOP is just a speed bump.:frowning:

John M,

Show me where detecting moisture is a part of an SOP. How much moistire? 5%, 7%, 10%?

Even if you are not a mold inspector? What is that supposed to mean? This is a home inspection issue, and we are home inspectors.

So, I suppose that absent of purchasing an IR camera, you are saying that the inspector is negligent? This is what your statement intimates. Tell me HOW a moisture meter would have DETECTED mold growth inside a cabinet or duct?

Again, your argument is disingenuine.

And, although you disagree, James’ negativity toward licensing has NOTHING to do with walk-by inspections or undocumented reports. You have him confused with Russel Ray. James’ stance is that licensing guarantees absolutely NOTHING. He is correct.

With Texas having the TOUGHEST home inspection SOP that I have seen, it didnt help this inspector, did it…:wink:

Between my “ignore” command and my porn filter, McKenna’s posts never make it to my screen unless quoted.

Did that idiot actually use this lawsuit as a means of pushing his infrared technology course? I suppose, had he not been removed as its president, he would be claiming that the CMI designation would have saved him as well.

I think it is up to each state to defines it’s own standards.

BTW… moisture levels as low as 16% can activate some
fungi spores.

Have a good one… :wink:

I’m still here. :slight_smile:

Contact Us

Master Inspector Certification Board, Inc. Suite 300
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Executive Director: John McKenna
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Yeppers :smiley: Do not recall mentioning the condenser???

And as for the Ohio study, you can use that lame *** study to prove anything you want.

But you should not quote that REALTOR study if at any time you disparage the cleverness of REALTORS.

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7149 West Willow Ave 5-18-09 024.JPG

I am interested in how this turns out.
I’m a new member and not yet trec certified, so excuse me if I mis-speak,
but it sounds to me like the inspector simply may not have done his job.
Though he isn’t required to inspect the interiors of ducts, he is required to open and inspect all visible and accessible panels and components… and the evaporative unit usually has several. The inspecton was performed in an area that that has a very humid climate anyhow, so he should’ve been extra cautious. I was taught to always CYA (cover your …)
TREC rules demand their inspectors pay fees to a trust fund to support recovery fees in lawsuits up to 30k right?
Anyway, very interesting. Thanks.

Pillar to Post has its own certification process. I don’t know how involved it is.

Moisture stains must be reported according to the SoP.
If you see moisture stains or organic growth on the air
handler, ducts or body of the unit, then it should be

Moisture can lead to numerous issues, including mold.

The SoP does not mandate the use of a moisture meter or
IR camera. But it helps… IMHO.

Does education, training and testing help someone do a
better inspection.? YES.

Licensing that requires education, training and testing helps.

If you ask anyone with common sense to hire someone
who has less education, training and testing, they would
say you are nuts.:mrgreen:

Weak requirements produce weak results. Not all licensing
laws are equal.

We all say the InterNACHI requirements help inspectors.

If those same requirements became law, would we
now say they are bad for inspectors?

If my son does 200 ride along’s and several hundred
hours of education and training, would this make him
a better inspector compared to nothing? YES.

Trust me, the Texas license requirements have helped.

John…Something I can agree with you on!

TREC does not certify inspectors. TREC issues a license.

However, for being new you appear to be well informed and are not mis-speaking on what you should be doing. You are especially correct on the CYA.
You appear to learn fast. Keep it up.

It feels really weird… let’s hope this does not happen often… LOL…:mrgreen:

I am new also. I’m a former cop, so the idea of getting sued for no reason is nothing new to me. Just make sure you do what you need to do according to the SOP and a little beyond. Good luck on the TREC test, it’s a tough one. Let me know if you need some tips - I passed it in June.

Anyone have any updates on the suit?

In the Houston area evaporators hardly ever have an access panel of any kind. Rarely do we get to see the actual evaporator coil. Typically, moisture and visible organic growth associated with the HVAC system in the attic space would be seen as a result of condensate on or around the return air plenum or primary condensate drain line, it’s usually seasonal and easily remedied. I’m no mold expert but without knowing the details this suit seems bogus and is probably the work of opportunists. BTW - the TREC recovery fund doesn’t hand money out like candy. A plaintiff first needs a judgment, then it has to be shown that the defendant inspector doesn’t have the ability to pay. As I understand it, rarely does this fund pay out.