Possible Claim FL Exterior Wall

Kevin, this may help you:

Here is InterNACHI"s Standards of Practice

https://www.nachi.org/sop.htm

Home Inspection Standards of Practice

  1. Definitions and Scope
    1.1 A home inspection is a non-invasive, visual examination of the accessible areas of a residential property

Also in my report Summation …
“There was no visible evidence of substantial wood damage (rot or termite) to the structure,
however, it should not be assumed that no damage exists in inaccessible areas. It is possible
some damage could be uncovered at the time any repairs or remodeling requiring tearing out or
dismantling are undertaken. This is typical for any structure, and damage should be repaired if
found.”

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February 11th? To be technical, check to see if your pre-insp agreement says:

If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to
comply with these conditions releases us from any liability.

Good luck! :cowboy_hat_face:

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Yes Marc it does say that. That’s definitely one of my last resorts. I know it’s a contract, and he agreed to it, but I dont want to use that to get out of it.

Kevin, you wouldn’t be using it to get out of it, unless necessary, but to go look now and take pictures showing siding removed, etc. :smile:

It’s a good idea to take photos of all interior and exterior areas of the home for situations just like this. Regardless of defects, I take at least one photo of all exterior walls and generally multiple photos of every room. It helps capture the condition of the home at the time of inspection, highlights restrictions, and can be helpful if you forget to note materials that you include in your report (was that a sliding or casement window in the master…). Many of the photos are just for documentation and don’t make it in the report, but taking these photos on all inspections has been helpful to me many times. Just a thought.

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Smart man, Charley! Good on ya! :smile:

I do the same Charley. Also my pictures show the date taken so if necessary I can tie it to the report.

I have gone back with a witness. Introduce them as a college.
Just a thought.

I believe I am at the correct forum. I just brought this up in the wrong forum. I was curious if any of the CMIs or CPIs have a clause or statement in their agreements on time limitations for the clients to be aware of so the client understands when it is passed the time to justify making a claim against an inspector. I understand the claim process can take a while and Kevin’s situation was not that long ago. I think I read one a little while ago about something as an issue as long as two years prior to its discovery. I think it was that issue of a septic tank with a concrete slab poured over it. Anyway, I was interested in the time limitation and whether this is a good statement to use in an agreement.

visual inspection and send them a letter stating your contract and standard of practice .

Most likely your Inspection Agreement has this (mine is from InterNachi and reads);

INSPECTOR agrees to perform NON-INVASIVE LIMITED VISUAL EXAMINATION of the home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained- for report. The report is only supplementary to the seller’s disclosure.

If the home is occupied I also stick this in the report and I actually put it in the Summary as an advisement so they actually read it…

ADVISEMENT: Because this home is/was occupied on the date of the inspection and or may have stored items on the premises, many areas were not, or may not have been accessible for a full inspection. Also furniture, area rugs, pictures or other personal items may not allow for complete observation of some areas. It is very important to visually check all areas at final walk-through that may be hidden from the inspector when the inspection was actually performed. This is especially important for walls, floors and closets. Any damage or deficiencies that are observed at final walk-through that are not shown or covered on this inspection report should be noted and resolved before taking possession of the home.

I also have an “advisement” (like above) for the Garage if it has anything stored or parked in it… and I will normally put a picture showing that there are areas that are blocked. Also good to take a bunch of pictures especially in occupied houses to show condition on day of inspection, just in case. (I take 360 degree pictures of every room, the garage and all sides of the home. (invaluable resource)

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I put this @ the end of the report.
Notice the closet doors (showing storage) are open for the pic. :cowboy_hat_face:

pics1 #917121

pics2 #917121

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A little bit more to the story. I emailed him, twice. Trying to schedule a day and time to go out. No response. I do Inspections in this community frequently, and there is a brand new enclosed room and new roof installed. I assumed with the recent work he chose to do without responding to me, he must have figured it out with Sellers. But today, he calls and leaves a voicemail stating “hes ready to get this thing moving” and hes “been to lax.” It’s been 2 months since his initial phone call. I have an email typed up with a bunch of supporting docs, state regs, nachi SOPs, pre-inspect contract, etc. Should I still go out and meet with him, or just send this email off?