Thanks Nick, good article.
Thanks Nick, This was very beneficial. Do Home Inspectors usually hire real estate attorneys or a different kind of attorney?
It depends. Hire them for what?
Please see below response from Joe Denneler:
*The bulk of legal work inspectors need relates to claims. They need an established litigator. As far as how to select a litigation attorney, the following questions should apply:
• How many home inspection litigation or arbitration matters has the attorney handled? You’d be surprised by how many lawyers advertise themselves as having significant experience in home inspection claims who have never actually litigated one from start to finish.
• When was the last time the attorney represented an inspector?
• Does the litigator represent inspectors via any established insurance program for inspectors? Generally, larger insurers use “panel counsel” to represent their insureds in different states. Panel counsel (and their entire firms) are significantly vetted by the carriers on anything from the experience level of the attorneys to how they protect client information.
• Is the attorney familiar with inspector’s standards of practice or code of ethics?
• Has the attorney ever represented an inspector in an administrative matter pertaining to the inspector’s licensure?
• Has the attorney participated in or provided consultation related to legislative enactments involving inspectors like licensing laws?
Another type of attorney inspector’s need is a business attorney to assist them with non-litigation matters like setting up a business, dealing with state and federal issues like taxes and other non-inspection related regulatory issues. and obtaining financing.
Finally, inspectors do have employment law issues come up, including employment contracts, covenants against competition or disclosing confidential information, etc.*
An attorney should be contacted for advice on specific legal issues. Nothing in the responses should be construed as legal advice from either InterNACHI or Joseph W. Denneler, Esquire. Any suggestions in these responses should be reviewed with an attorney in the inspector’s home state.