Originally Posted By: ktrice This post was automatically imported from our archived forum.
My question is this when does the liability of the inspection end?
I inspected a home 1 month ago for a family they closed on the house 3 weeks later and moved into the house 2 weeks after that. I did a standard inspection according the state of Oklahoma for them. Now i get a call from the home owner saying the the dishwasher door is ajar and water spilled out into the floor what am i going to do about it. The realtor went over and adjusted the door and all is fine with it now. Then i get a call telling me the oven does not heat up like it should i told him that it was fine when i did the inspection. The next day i get a call from him saying that water has come into his garage from the crawlspace (we had over 3 inch’s of rain that night). So any ideas on this new found homeowner and friend of mine.
Originally Posted By: dbowers This post was automatically imported from our archived forum.
Every state has its own statute of limitations - unless your licensing law specifically states the liability stops 1 year out or 2 years out, etc.
In Missouri and Kansas we have a 5 & 7 year limit of liability from the time the owner discovered there was a problem.
All of go through this at times. Several months ago I had a lady call me complaining about the fact that she had company in town for the weekend and every time they took a shower, the bath exhaust fan would run for maybe 10 minutes then squeal loudly and stop.
She told me she'd had a plumber out on the weekend to fix it and it cost her $265 (her husband travels and she is going to school at nights working on her masters degree - so the weekend was the only time they could stay home to meet the plumber). She wanted us to pay for it - I kindly explained if its doing that when we inspected the house, we would report it - otherwise I don't own a crystal ball. I turned down her generous offer to pay for this - she cursed and hung up.
About 3 weeks later I get a letter from the BBB telling me she's written a complaint and wanting our side. I wrote them a short note and explained I'm not in the crystal ball business - its doing it or not doing it when I'm there. I suggested she call the sellers if she was that excited.
She wrote a complaint letter to the local Board of Realtors and one of the Inspection Associations I belong to telling them what a horrible person I was because I didn't pay for a bath exhaust fan that started acting up 11 weeks after we inspected the house.
I started to send her a check, then thought BS and had our attorney write her a nice letter using words like libel, slander, etc. We told her if we heard from her again we'd see her in court. She wrote an apology.
If you're wrong pay for it - if not, then follow Sam Waltons crede - Hell No!
Originally Posted By: jmyers This post was automatically imported from our archived forum.
Ken,
Just because you performed an inspection on this house a few months ago, does not mean that you are going to be responsible for everything that goes wrong with it for as long as they own the home.
You are going to have to let them know this, or they are going to forever be calling you about problems every time they arise.
Let them know you were there to find the big ones and the little ones are always going to pop up, welcome to the wonderful world of home ownership. 
I would suggest you call the realtor and ask them if they negotiated for the price of the home. Remind the client, how much you saved them when they purchased the home. Tell them that so they realize your services did provide value, compared to what they paid you.
Originally Posted By: ktrice This post was automatically imported from our archived forum.
Joe:
That is how i look at this situation also, I'm going back to the house this Friday to meet with them. I plan on telling them exactly what you said in your message. Yours was the answer I was waiting to hear since I felt the same way.
Originally Posted By: lwilliams This post was automatically imported from our archived forum.
Ken,
If you use a standard agreement form it does state (if the appliances are tested and reported on) that you are not responsible for their working order after the inspection. Besides that you are not required to operate any appliance and do so at your own risk. Does the state of O require you to test them? Only you can decide how you want to handle this one, you have a choice. Remember if you pay for every issue you will be known as the inspector that will pay. Go back to the SOP and your contract before you decide to fork out the cash.
Originally Posted By: jpeck This post was automatically imported from our archived forum.
Ken,
There is much good information in many of the above, but this is where you need to start:
What expectations did you convey to your clients at the time of the inspections.
Whatever you told them then, is what you need to stand by now.
If (hopefully not) you 'promised them the world' at the time of the inspection, then you are stuck. Regardless of what your contract says or any of the other things, creating (or, more importantly, LIMITING) the expectations of your clients IS MOST IMPORTANT from square one.
If you've done everything else right to this point, then the other advice and suggestions given above will come in handy.
Originally Posted By: lwilliams This post was automatically imported from our archived forum.
Jerry is correct by adding the client ‘promise on the spot’ angle. This is definitely something to add into your direction of closure. It is a good time to review your approach to clients and only promise to do what is required of you. For all inspectors, according to legal advise I have received if you choose to inspect above and beyond the SOP you are opening yourself up for litigation. What a lovely industry we work in.
You are condemned for not doing enough and penalized for doing too much.
