The other time I see it the most is on old flipped/updated homes. They go over the crumbling plaster ceiling with drywall and don’t’ cut out the attic access.
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I think some of you overthink a “certified letter”. It’s just postage that you have too sign for whoever sends it. I’ve had “certified letters” from lawyers and told them stuff if. No reason to call my insurance and nothing else happened.
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It’s a little extra postage, but is also now a record that you have been notified of possible legal action. This is the time to notify your insurance in my opinion. Might as well get some use out of your premiums. 
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To each their own. I’ll save mine… 
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You’re not understanding a part of this, I believe.
Notifying them that a letter or demand was made, isn’t the same as opening up a claim. You’re just giving them the notice, so that its on record.
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Agree… and it seems to me that if you are in a licensed state that requires you to have E&O coverage, and your insurance company denies your coverage for lack of notification, a savvy Attorney will have your License revoked for failing to have coverage! Not only are you on your own for the lawsuit, but your license is also at stake.
Do you really want to go down that road out of stubbornness and/or idiocy?
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Be careful about moving stuff to gain access. Sometimes people pack so much garbage into a garage you can’t get to anything without a lot of work moving stuff. If something comes up broken by accident or accusation then you could be on the hook. You really shouldn’t move anything. We try to please our customers but it’s a visual only inspection. Moving stuff is beyond the scope. If they want to call you back for a return trip when they have things cleared then that’s an option.
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Robert, can you clarify your recommendation to Kevin?
Was there an attic, or did you refuse to enter for safety reasons?
1000%, this is a big problem. Most only begin to truly realize this when they receive a letter.
The fee today, in my area, is just $50-100 more than it was 20 years ago. It should be at bare minimum 2x than 20 years ago.
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1: No access located, and was disclosed… you should have extra pics of the area where it was located showing the obstructions. The signed contract should have a part about areas not inspected… and you covered yourself in the report by saying you didn’t locate any attic access. It’s the client’s responsibility to follow up with the sellers about any access. Then, the buyer would request the seller make the area accessible to be inspected for you to return and do… I always offer to return to the property to inspect an attic when the hatch is not accessible.
2: We aren’t required to report on environmental issues such as rodent feces even though we might as an fyi.
3: We don’t perform calculations of R Value for insulation. Again, some will note an fyi about missing insulation or settled insulation and state the recommended R Value for their region, but it’s not required.
All three have brought pending litigation complaints.
1: Could not enter the closet. Full of large heavy storage.
2: Refused to remove clothing. I refused to enter.
3: Refuse to enter for safety reasons.
Going through the third one now. Inspection: Sept: 2020. I will keep you informed. Plus $8,000 in self defense so far.
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Good thoughts as usual, Ray.
Personally, I move nothing…ZERO storage.
The owners or the realtors move storage.
I am not going to put a target on my back…
Take plenty of images of what is blocking access. This is a must. Make sure images are time stamped.
What pisses me off is, a report will likely have further review by a licensed professional for structure, systems or components. No one quips at that.
But when it comes to the attic space, BIG blow back. Likely mold or leaks.
Just like price fixing, I suspect law firms are singling out attic as a easy means to ligate home inspectors.
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It appears you checked the right boxes on this one to me. I suspect they will get nowhere with suing you.
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One final thing here: We all pay plenty for the Insurance policy. Part of what we are paying for is to let them field the calls on a claim. After making one contact with the “Sewer” (as the late Paul Harvey called them) to see if they can understand the limitations and or to clarify what the issue or demands are. Let Your Insurance people handle it. Hopefully you have a policy with a company that will actually represent you, and actually Know our industry (…not just throw them your Deductible) If not, switch to the guys at InterNACHI.
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I concur.
InterNACHI insurance not in Canada/Quebec.
Up to $10,000 dollars for E&O + GL. It was $2,400 7 years ago.
Most E&O insurance companies do not insure Quebec home inspector. Few covering home inspectors.
I agree somewhat with what you’re saying Dom, but just, IMHO, a letter in itself, won’t trigger me into calling my insurance company to put them on “notice”. If anything besides a “letter” advances, I would contact them. A letter, email, text or phone call, for me, isn’t worth a “notice” call at that point.
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I guess in the end it depends on what the letter says. The OP stated “threatening a lawsuit” but we are not privy to the exact wording, so hard to say if it was fluff or a sincere threat. He’ll have to make a decision based on all the info he has.
What we’re all dancing around here is “Pre-Claims Assistance.” As of yet my company (Elite MGA) doesn’t offer it. Or, at least they don’t advertise it that I’ve seen. Inspector Pro offers it and it’s a really smart move by them. I don’t know a lot about how it works but I believe it’s pretty self-explanatory. Call them when some nut sends you a threatening letter and they’ll help out before dinging you with a claim on your record.
I’m more in the camp of @tglaze as far as feeling things out a bit and seeing if I can settle it. Especially if it’s something that is below my $5K deductible. I can’t imagine calling my E/O carrier for anything under about $10K. Of course, once the lawyers get involved a $500 dispute can turn into $50K. Luckily, most clients reach out directly or through their REA before “lawyering up.” Like most insurance I think E/O companies would have a pretty hard time denying us unless they could prove we were purposely trying to defraud them or that we massively hurt my/their case by my negotiations. In any case I’ve been hanging out on these message boards for 20+ years and have never heard of a case of it happening. I’m sure it has happened but I just don’t think it’s very common.
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Start at about the 1:40 mark.
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I’m glad to see they are getting onboard but am still a bit skeptical after watching that ad - “If we don’t have to pay out money…” Giving a fee back is paying out money. How many people complaining go away for ZERO dollars?
Don’t get me wrong… I love Elite and am super happy with Ben and Joe and everything they do. I’ve met both Ben and Joe in the past and talked to Ben on the phone numerous times. Their service is lightening fast and the rates are fair. I even had a claim back in 2016 and my rates didn’t go up that much.
Managing complaints is and always has been the toughest part of this business. I always wish inspectors would talk more openly about it and we could cover a lot more ground. At every conference I’m at and/or on threads here on the board I seem to always find the, “Been in the biz 25 years, performed 50,000 inspections and have never had a complaint,” guy.
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