Here’s one for James !
I have posted on several occasion that though I do not enjoy being governed by licensing laws, it does provide a baseline and sets standards for all to abide by (including the homebuyer).
It is said that inspection laws do not protect the client, but I contend that it gives the client a place to submit a grievance.
I have had someone attempt to sue me in the past and it costs me about $7000 just to answer the frivolous complaint which resulted in a court mandated arbitration hearing and everything was settled by the termite inspection company involved. This happened just prior to state licensing.
I posted many times that I felt that the home inspection licensing board in the State of Tennessee was a worthwhile process as it gave the client someplace to complain to without having to spend $7000 just to answer a complaint when the inspection report covered all of the issues to begin with.
Well, I haven’t had anything to back up my beliefs until this evening.
I received a letter from the state licensing program which stated;
*Dear Mr. Anderson:
The complaint filed against you has been dismissed by the home inspector licensing program. After a considered review of the documentation in this matter, it has been concluded that there is insufficient evidence of a violation, and the commission has declined to take action on the matter.
Thank you for your cooperation in this matter.
I didn’t even know I had a complaint filed against me!
I’ll have to call tomorrow and try to find out what it was about.
That’s a new refreshing approach!
There’s always the possibility that I will receive a summons, however having a document with The Great Seal of Tennessee dismissing the matter, I suspect any lawyer knowing of its existence may be less inclined to take on such a case. I am also sure that my insurance provider would also be less inclined to settle out of court!
Just wanted to pass on documented proof that state licensing (if done properly) can be an asset in settling misunderstandings and potential complaints for home inspectors.
If a summons does show up, my first reply will be a lawsuit for breach of contract for not providing written notification of adverse conditions within 14 days of discovery, allowing access to the premises and failure to attempt to resolve the problem informally.