Originally Posted By: bwieczorek This post was automatically imported from our archived forum.
What advice can the experienced H.I. provide to the folowing question.
On my inspections I've asked the client to provide me a copy of the realtors contract so I can look at the disclosure form. Seems to be another way to identify problems just to make sure they aren't overlooked. I've seen this suggusted in several articles. I'm wondering how many inspectors practice doing this or think its not appropiate. I found several problems not mentioned on the form and I was lead to them by the disclosue. Would appreciate any feedback on this.
Originally Posted By: jpope This post was automatically imported from our archived forum.
The inspection is part of (an extension of) the disclosure process. There is no need to see what the owner already knows about the property.
If you miss something that has already been disclosed, you can't be held liable for the error. It may make you "look bad," but the things that come back to bite you are the things that were never noted prior to close.
-- Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738
Originally Posted By: jstewart1 This post was automatically imported from our archived forum.
Ive done several inspections where the home was vacant, and the disclosure was laying on the counter. I have to admit that I did look through them. I guess if it makes you feel better, I dont see the harm in it. But Mr. Pope has more experience than I. I dont ask to see them.
Originally Posted By: jpope This post was automatically imported from our archived forum.
I’ve been on several inspections where the seller has followed me around and said, “that’s already in the disclosure, there’s no need to note it,” or “we already told them we would fix that, so you don’t need to put it in the report.”
The point being, the initial disclosures have nothing to do with our inspections.
-- Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738
Originally Posted By: cradan This post was automatically imported from our archived forum.
Quote:
I found several problems not mentioned on the form and I was lead to them by the disclosue
Seems to me that if this is true for you, it ought to be part of your winning formula, regardless of what other inspectors do or don't do.
Quote:
There is no need to see what the owner already knows about the property.
Agree, Jeff, that there's no "need."Want, however, is an entirely different thing. We (and more importantly, our Clients) have benefitted on occasion from things the homeowner already knows, whether these are gleaned directly from the disclosure, or indirectly from the property owner in "casual conversation," usually where the property owner feels some need to provide information...we don't discuss it, we just listen. Information often leads to knowledge. Knowledge is KING.
Originally Posted By: escanlan This post was automatically imported from our archived forum.
I feel the disclosure report can be a valuable tool during the inspection if you can obtain one. For example a disclosure that the home had a foundation problem and was corrected. If the owner went to the trouble of hiding the problem instead of correcting it then new signs of further issues, or ones the seller did not hide well, may appear more minor in nature than they actually are. Yes if they hide the signs, instead of fixing the problem, we can not visualize it and should not be held accountable when the new owner moves in and starts having issues. Unfortunately you will still hear about it.
Does that mean that we should always recommend further investigation when we view a disclosure that listed some major issue that has been fixed? Not necessarily! The disclosure is only a tool to give us an idea where we may want to get more involved and do some of the things we are not required to do like opening that bathroom tub access panel and look for damage that could not be covered up (most tubs are laid on bare concrete and cracks could be evident as well as leakage). And after the inspection if it appears that the problem was actually corrected then hopefully we have a copy of the disclosure for future reference.
I use the foundation as an example because here in Texas it is the only item the state requires us, without exception, to provide a written opinion on. There are a lot of foundation problems here and I would rather know beforehand if the home had any.
Emmanuel Scanlan
You may now return to your regularly scheduled beer and football games 
Originally Posted By: rwills This post was automatically imported from our archived forum.
I don’t necessarily request a copy of it but if one is available during the inspection I will definitely take a few minutes to peruse it. Sometimes a disclosed item may alert you to check for other issues relating to that item. It never hurts to arm yourself with as much info as possible!
Originally Posted By: rkulla This post was automatically imported from our archived forum.
I agree Robert, I don’t ask for it but if it’s laying on the table I definitely take a look at it.
#1, Sometimes if there's been an issue, it may have legs and sprout into something else,
#2, The homeowner may have minimized the issue or not correct it properly.
I'd rather have as much info as I can about the home before doing the inspection and my report. Much better that I find it than to have my client call me back later on because I didn't follow up on something that was right there on the table. I usually ask if there was anything significant in there disclosure.
-- Rex Kulla
Custom Home Inspections
Maple Grove, MN
(612) 799-3093
Originally Posted By: jcampbell This post was automatically imported from our archived forum.
All the info you can gather cannot hurt… I try to get a copy for every inspection… agents generally ask me if I want a copy.
I had one recently that listed a previous fire damage that had been repaired? I already the repair, but otherwise would have not known why... the disclosure gives some history.... sometimes gives you info on age of roofing, heating, well, etc... something you can verify... 
Originally Posted By: dvalley This post was automatically imported from our archived forum.
I never ask for it. There are times where the listing agent will ask me if I’d like to see the Sellers disclosure; I’ll definitely go over it if it’s readily available. But, to specifically ask for it before or during the inspection…Never.
Originally Posted By: aslimack This post was automatically imported from our archived forum.
I don’t ask for them but if they are there, i look at them. If there are multiple copies, i take one. I take any information i can get.
If any bordering neighbors are out, i'll start a brief conversation them as well. I've had neighbors offer up lots of valuable information regarding, say, a history of drainage problems. Its amazing the information you sometimes can get from some guy out working in the yard who knew the neighbor. Then you can process the information during the inspection to see if it parallels what you are seeing.
Originally Posted By: whandley This post was automatically imported from our archived forum.
I always ask for the Transfer Disclosure Statement, Termite Report and CLUE Report, (Comprehensive Loss Underwriters Exchange), if applicable at start of inspection. I find a lot of water intrusion issues on the termite and clue reports. I find construction defect litigation issues on the TDS.
I also find items that I should not test or operate on the TDS, (second story spa tubs that leak, windows that fall from casements, etc.). Since I’m performing the inspection on behalf of the “Buyer/Client”, I am in
fact their advocate and or agent in the inspection process, and should investigate and or review any and all information which may have an impact on the value of the property, (California Disclosure). When
acting as an expert witness during deposition, one of the first questions the attorneys ask is, “Did you see, observe and or review the TDS and
or Termite Report” I also believe our clients see us as being more thorough, investigative and competent when obtaining this information.
