My pleasure. Don’t let agents steer the dispute. It becomes a habit hole.
Clearly and objectively state the facts.
NG ignition pilot off.
2. Limitations, Exceptions & Exclusions
II: The inspector is not required to operate:
A. any system that is shut down.
B. any system that does not function properly.
E. any shut-off valves or manual stop valves.
Why? It’s dangerous. And just because some home inspectors do it is no excuse period. You can not speak for them.
Send it off the your client and the realtor.
I highly disagree. It is an admission of guilt! No waver, not discount, nothing.
Chase the vender and agent. The vender just pocketed many tens of thousands of dollars.
The agents contractual fiduciary, insure all SD are answered honestly, impartially, and everything is disclosed.
There was no admission of guilt. The agent threw him under the bus.
But we can disagree. I gave him my opinion on how to handle a complaint and he has yours. Decision time 
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Morning, Brian.
Hope hope this post finds you well.
Excellent discussion for home inspectors. Client demands reimbursement for said defect.
When a home inspectors report covered all the bases, Observation, Recommendations, Limitations and Exclusions, it is up to the home inspector to advise the client whom to point their complaint to. In this case it would be the vender.
Admission of guilt would be offering money to a client when no offence took place. If a home inspector worked within SoP, there would be no need to offer a refund with a waver to hold you harmless from further claims.
The venders agent was Loyal to his client, the vender, helping deflect a position to negotiate in good faith.
Secondly, inoperable is inoperable. The item was not disclosed by the vender. Even it is was, it was broken unless the sellers disclosure prevented negotiation on that item. “Fireplace and chimney being sold without legal warranty.”
Loyalty: As an agent, you must always put your clients’ interests above your own. This duty is considered to be one of the most fundamental duties of a real estate agent.
1: The disclosure statement did not carry water.
- Breach of a duty to disclose knowledge of a defect.
Hi Robert and good morning to you.
As I stated earlier, legally he is probably OK. And you have illustrated this eloquently.
My perspective comes from “How to win a customer for life by creating a raving fan”.
I see every problem as an opportunity to do just that. This philosophy has never failed me in business. In this case, just a few steps can accomplish this:
- Explain to the customer why the fireplace was not lit.
- Let them know legally, ethically and for safety reasons you did the right thing.
- You did not create the problem.
- Acknowledge their dissatisfaction.
- Win their loyalty by going over and beyond their expectation.
With time and experience, we all learn when to push back, when to meet in the middle and when to over compensate. This inspector is apparently still learning when to apply these options.
As I stated before, decision time for this inspector.
No, and the Realtor is making a blanket, inaccurate statement.
Something I would add, “At the time of the inspection XXX was not in a condition where it could be tested. It is recommended that XXX be retested prior to purchase”
I just had this happen with a range. Someone, installed a surge protector to the range circuit, the connections were so loose that there was no power to the range. I stated that it couldn’t be tested and should be retested prior to purchase. After the electrical issue was corrected and there was power to the range, it didn’t work. So far, they have replaced the main circuit board, one burner element, and it still doesn’t work right.
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He’ just trying to train you and get his $.
You did a good job training him for the safety of all.
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Thanks Brian…Will manage to keep the realtor out of conversation going forward.