I have a potential client who had a termite company do the WDO inspection and came up with carpenter ants in the garage (not an issue, its falling apart and needs torn down) and a small playing card area they determined was powder post beetles. They recommended treatment, a no brainer. That being said, this potential client and his morgage broker are looking for me to inspect the structure of the home and write a letter stating that the WDO findings are not interfering with the structure of the home so that this fella can get financing. I’ve never had to do something like this and I’m just wondering what the legality of such a letter is and any risk I’m putting myself in by writing such a letter. I work with the broker regularly and he seems to think that this is no big deal for me to do and mentioned that other inspectors have done the same thing for him in the past. So what do you all think?
Termites can be tricky…a little evidence can be big amounts of hidden damage. Seen it time and time again. Visually the outside of lumber may actually look ok but the inside would be eaten up. Do you feel comfortable verifying and ultimately transferring responsibility for possible hidden damage onto your shoulders? I would think that the best you can do is say that the contractor did such and such work to repair and while it seems adequate it’s not possible to see hidden damage behind wall covering for instance.
This sounds to me like you are about to become an unlicensed Structural Engineer. Unless of course you happen to be an SE.
That’s for a structural engineer to determine. Way out of your wheelhouse. Great way to get sued!
Very unlikely anything would ever come from it legally. Lenders just want someone to hold their hand and tell them the world is going to be okay. That being said I hate things like this but have probably done them on occasion as long as my client is a reasonable person and I truly believe the damage is not compromising the integrity. I’d use a lot of phrases like, “the visible portions of the structure are performing as intended at this time.” Lenders just want to try to eliminate every last fiber of risk.
You can’t predict the future.
But think what you can safely say: the home is functioning well, with no unusual cracks or smells, with a roof in good condition, no evidence of wet spots. In short you can say that the visible indications are all good, with the usual disclaimer about what cannot be seen.
Personally I wouldn’t even consider writing such a letter unless I was a SE.
I would say it’s safe to assume they want it on your company letterhead.
If you do decide write it, as others have already stated, be sure you have plenty of disclaimers in your letter.
Not even a structural engineer can objectively verify the structure is “sound,” unless they do structural analysis and invasive testing. And, although an SE’s opinion might carry more weight than a home inspector, they would be unwise to render an opinion without that investigation. It would be MUCH more sensible to have the termite company, who is ultimately responsible, presumably properly insured for it, and was paid accordingly, attest that all the damaged wood has been replaced and the bugs are gone. The best advice is to always understand your boundaries and stay in your lane.
Not attacking the OP, but IMO…
This entire subject is a prime example of “Greed getting in the way of Common Sense”!!
Why the heck can’t the “Termite Company” provide the documentation requested?
Btw…
I think the Broker will say whatever it takes to get what he wants, and he/she is full-o-shit that other inspectors will do this for him. That being said… tell him your Company Ethics Policy prevents you from making such statements, and he should get one of his “other inspectors” to write it up for him!
“Should be no problem”, right?
Just sayin’.
The real estate broker is attempting to grease the wheels to get the deal through without assuming any risk, same with the mortgage broker. My humble opinion, if a mortgage broker wants to mitigate risks, they should hire their own inspector.
So you can write the letter with all the disclaimers you want, but that will not stop someone from suing you. For a $500 fee you get to be the fall guy. Not such a good deal, eh?
Worth repeating.
What about a letter of structural sound for a company wanted to refinance a property?
That question was addressed in the answers posted above (which is “no”, of course)