Can someone point me to the TREC requirements that say we are not required to determine the age, manufacturer, serial number, model number or adequacy of specifically the oven, dishwasher, HVAC system and water heater?
Aren’t your questions answered in the SOP?
Yes sir, some of them. Page 29 of the SOP is in regards to the HVAC “sizing, efficiency, or adequacy.” And page 6 talks about “life expectancy or age.” So I guess I am just looking for anywhere that says I am not required to provide the manufacturer, model number, and serial number. Any ideas?
Logically it would be OK for HVAC & water heaters (in my report) but built-in kitchen appliances?
Hopefully Manny will come around & then we’ll know for sure.
Best I can tell it doesn’t specifically state that an inspector “Is not required to” nor does it specifically state that an inspector “Shall”. You may want to inquire with TREC but be sure to ask specific questions such as “Am I required to report the serial number of a dishwasher?”
My interpretation (which does’t amount to a hill of beans in an official capacity) of what I read in our SOP is that you don’t have to include the information that you specifically named for the components also specifically named.
I do include that information (or state unavailable if that is the case) in my reports so I don’t have any specific knowledge beyond what I have read in our SOP.
Thanks Brandon. That is what I determined as well, and that’s what I told the agent who was basically demanding that I revise my report.
Tell the agent the only one who dictates what will be in your report is YOU.
haha. I did.
Show where it says you HAVE TO and I bet its a big NO
The Standards do not require the inspector to determine the age, manufacturer, serial number, model number or adequacy of anything. I have been involved with the Standards since their inception in 1996. I do not speak with authority with do with confidence.
Excerpted from the Standards:
"(d) General limitations. The inspector is not required to: (note BOLD)
(A) items other than those listed within these standards of practice;
(F) any of the following issues concerning a system or component:
(ii) suitability, adequacy, compatibility, capacity, reliability, marketability, or operating costs;
(iii) recalls, counterfeit products, or product lawsuits;
(iv) life expectancy or age;
(viii) manufacturer or regulatory requirements, except as specifically required by these standards;
You are not required to report these items primarily because they are not specified as a requirement of the Standard. I have seen TREC discipline a superb inspector for incorrectly reporting the age of an air conditioner even though it is not a reporting requirement (a seller complaint)! If you report the age then consider some standard text such as “subject to verification by the seller or a technician the xxx appears to be about xxx years old.”
If you want to report the brand and serial number include it in a photo and you will not make a typo. I generally recommend avoiding that level of detail. Few people appreciate it and it can get you in trouble.
A word on adequacy. It is a double edge sword. It can relate to “adequate performance” which you are required to judge but not “adequate capacity or service life”.
As a side note: The Texas Seller’s Disclosure requires the seller to report the age of the roof. The art of report writing is to point it all back to the Seller or another source. Also note the Standards specifically do not require you to read the Sellers Disclosure or any other report for that matter.
Dan Bowers wins the bet. :>
Cahill gave you the good information.
Now … be sure you keep telling those REAs that “you” write the reports … not them!!
James, keep in mind that the agent may not use you again. The agent may even tell other agents in their office that you are not “Realtor friendly”. Agents like to make up rules, such as my inspectors only writes-up health and safety issues only or my inspector gives prices on all items that were written up on the report. When you have been in the inspection business for a while you can ask “Really, where did you buy your inspector”, that comment does not make agents happy. Keep up the good work.
I hate to hurt a used house commissioned sales persons feelings OR make them uncomfortable, or argue with them SO … If one starts arguing with me about my comments I’ll try to calm everyone down by saying something tactful like … "WILL everyone in the room who is a licensed home inspector OR licensed HVAC contractor OR licensed plumber OR licensed home builder OR code certified inspector OR has a college degree in Real Estate OTHER than me PLEASE raise your hand"
It almost always TACTFULLY shuts down an angry agent, seller, etc.