statute of limitations for inspections

General Inspection Topics General Inspection Discussion
1

I have posted the e-mail correspondance I have had with a legislator here in Phoenix for a statute of limitations on being able to file a complaint against a home inspector. I need everyone to help get this passed. I’m not sure yet one he means by getting e-mail addresses.

Gary,
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I got your bill drafted. It limits the homeowner to two years. I did not address lenders, mortgage insurers, or GSE’s. That is too big of a fight.
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I am going to request the “Introduction Set” to get co-signers. I’ll make the bill public on the Legislature’s website next week. You can watch for it here: http://www.azleg.gov/Bills.asp?view=allhouse](http://www.azleg.gov/Bills.asp?view=allhouse)
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You’ll need to get email addresses of out the Inspectors to advocate for the bill.
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Jack
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State Representative Jack Harper
Currently Legislative District Four
Jharper@azleg.gov](blocked::mailto:Jharper@azleg.gov)
602-926-4178
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From: Jack Harper
Sent: Tuesday, November 15, 2011 9:40 PM
To: Gary T. Heller
Subject: RE: Statute of Limitations for Home Inspectors
Yes, but I debate them even on bills that I am running that they oppose. I am taking them on about a different issue, but I still debate them first.
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[FONT=Times New Roman]Jack[/FONT]
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State Representative Jack Harper
602-926-4178
jharper@azleg.gov
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From: Gary T. Heller "][mailto:gtheller@cox.net]
Sent: Tue 11/15/2011 6:43 PM
To: Jack Harper
Subject: RE: Statute of Limitations for Home Inspectors
The Arizona Association of Realtors should have no say in this. They are
part of the problem.

Gary T. Heller
Inspection Services LLC
602-376-8806
www.inspectingarizona.com
www.phoenixcommercialinspector.com

-----Original Message-----
From: Jack Harper [mailto:jharper@azleg.gov]
Sent: Tuesday, November 15, 2011 3:04 PM
To: Gary T. Heller
Subject: RE: Statute of Limitations for Home Inspectors

That is a good point. Thank you. I am meeting with the arizona
Association of Realtors on Thursday and I will bring up the idea.

Jack

State Representative Jack Harper
Currently Legislative District Four
Jharper@azleg.gov
602-926-4178

-----Original Message-----
From: Gary T. Heller [mailto:gtheller@cox.net]
Sent: Tuesday, November 15, 2011 8:16 AM
To: Jack Harper
Subject: RE: Statute of Limitations for Home Inspectors

Thanks for your quick reply. They should be able to file a complaint. My
point is there needs to be a limitation on how long. I think 1 year
would be appropriate. Remember the inspection is non-evasive. The
inspector cannot warrant the property. He can give you a snapshot of the
condition on the day he inspected it. If there is a hail storm after he
leaves nothing he mentions about the roof is valid any longer.

Gary T. Heller
Inspection Services LLC
602-376-8806
www.inspectingarizona.com
www.phoenixcommercialinspector.com

-----Original Message-----
From: Jack Harper [mailto:jharper@azleg.gov]
Sent: Tuesday, November 15, 2011 7:29 AM
To: Gary T. Heller
Subject: RE: Statute of Limitations for Home Inspectors

Gary,

Thank you for writing. Let’s debate this. Why shouldn’t a lender be
able to file the complaint if they made a mortgage loan based on the
appraiser’s and the Home Inspector’s reports? I happen to work as a
Loan Originator in my other job and am familiar with the industry. The
majority of mortgages that I do are HomePath Renovation Mortgages and
the Home Inspector’s report is crucial to the loan agreement.

By the way, I’ll save your contact information for referrals. The
borrower chooses the home inspector, with the LO’s suggestions.

Jack

State Representative Jack Harper
602-926-4178
jharper@azleg.gov

From: Gary T. Heller [mailto:gtheller@cox.net]
Sent: Tue 11/15/2011 5:29 AM
To: Jack Harper
Subject: Statute of Limitations for Home Inspectors

Dear Sir, I am sending this e-mail to request the repeal of legislation
that does not set a statute of limitations on home inspections. Current
Arizona law states that a complaint can be filed against a home
inspector on a property he/she inspected with no limit on the amount of
time that has passed since the property was inspected. The same Arizona
law states that the complaint does not have to be filed by the client,
Anyone can file it. A home inspection is a non-invasive inspection that
is a snapshot in time. As time passes many elements can change and the
inspection is no longer valid.

I am a certified Arizona Home Inspector and I serve as a volunteer on
the Home Inspector Enforcement Advisory Committee. In the State of
Arizona Home Inspectors are governed by the Arizona Board of Technical
Registration.
Please take the time to investigate this legislation. I offer my
services to assist you in any way possible to repeal this section of the
law. Thank You!

Gary T. Heller

Inspection Services LLC

602-376-8806

www.inspectingarizona.com

www.phoenixcommercialinspector.com

2

Nothing personal but… when dealing with Government, it is very, very important to use ‘spell check’ and to “proof-read” everything you write…

Are you absolutely sure you are both on the same page?

Just askin’.

3

I don’t understand what you are asking. The inspections are non evasive. Why do you think we are not on the same page?

4

Look up the word evasive. Evasive Definition & Meaning - Merriam-Webster

Do you not mean “Invasive”. Invasive Definition & Meaning - Merriam-Webster

Two totally different definitions.

I see this mistake often on this MB, and I wonder how many HI’s actually use that word in their businesses. Me… never.

5

Hi Gary,

Have you figured out where and/or who emails should be sent to agree-support this possible legislation?

6

of course I’m in

7

Most home builders are not liable for any home they build after one year. Home inspections should be the same, and no more.

8

In my opinion the statute of limitations should be until the report is delivered that evening, or at the time of the inspection.

The report is a snapshot in time, the time ending after the inspection, not the next day. Which I state (bold text) in every Report.

An air conditioner operating today does not mean it will operate tomorrow, or even the same day actually…as one simple example.

9

Maybe you can get Arizona (Courts) to limit the inspector’s liability to its fee, this has happened in Illinois.

Additionally, Illinois courts will allow parties to contractually shorten the time period for any lawsuit to be brought, as long as it is reasonable when written in contract agreement.

Illinois Appellate Court Upholds Home Inspector Limitation of Liability

10

This is interesting.

11

I’m sure that won’t stop him from introducing the bill!! I think it is obvious by our conversation that we are on the same page.

12

Hi Dale and Mark, as soon as I know what we are supposed to do with the e-mails I will post. Make all the home inspectors that you know in Arizona aware and ask them to support this as well.

13

Will do Gary…!

14

I agree with Dale, we are not guaranteeing that what is working while we are inspecting is going to continue to work tomorrow, next week, next month etc.

Dave

15

waste of time. Your only stating the condition of the home on the day you are there. Why extend your liability for 2 years?

16

I totally agree with this. We are NOT a warranty or insurance companies we are inspectors that inspect and report on conditions at the time of the inspection, no longer and no less.

Jim