Verbal Inspections

Originally Posted By: rhinck
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I have been asked to do just a “verbal inspection”. The realtor said so-in-so does them for $— ( a reduced amount of money), do you want the inspection? At first I thought they should pay the full price and do a full inspection, report and all, but the amount of discount is approx. equal to what my E & O insurance would cost per inspection. Also, without anything written, does anyone know if this limits my liablity?



Rick


Originally Posted By: Blaine Wiley
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I think I would keep letting so and so do the verbal inspection. If none of your recommendations are in writing, how do you prove what you said or did.


On the other hand, how do they prove you missed something.

Oh boy, another need for lawyers ![icon_mad.gif](upload://j9pysYkUDeHxjgaVCpqL5B8x4z3.gif) and a subscription to Budweiser

Blaine


Originally Posted By: rhinck
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Blaine,


Maybe you are right- I should have posted this in the legal section.

Rick


Originally Posted By: jpope
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A “verbal” inspection can greatly increase your liability. Especially if you’re somewhat new (5 years or less). A verbal contract is 100% binding in most states (maybe all) and it comes down to “credibility.” icon_confused.gif


A "green" inspector is much less credible than a seasoned agent in the eyes of the law. You might be well advised to steer clear of this type of inspection.

If you feel you can prosper from these inspections, there are ways to make yourself less vulnerable.

Prepare a report as if you were going to hand it over - pictures and all. Have a complete consultation with the client(s) and agent(s). Make a list of the names of everyone involved in the consultation. Go over the entire report with them, not just the highlights, and then file the report away for your records. A good paper trail can go a long way in limiting liability.


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: rhinck
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Jeff,


Good thoughts!


Rick


Originally Posted By: jpeck
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Offer two inspections.


1) Verbal for $xxx, sign a full release from liability for a contract.

2) Written for $XXX, do it the 'regular way'.

Dang, you are "safer" doing verbal with a full release.

Now, offer, for only $xx, to do a 'drive by', with a verbal report. FULL RELEASE from liability. Now that begins to make sense, if anyone is stupd enough to have you do it.

I am serious, the 'full release from liability' would cover you.

Drive bys would save even more time. 'How many inspections do you do each day?' '50, why? And I only charge $50.' (not baaaad, $2,500 per day). ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)


--
Jerry Peck
South Florida

Originally Posted By: Blaine Wiley
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Jerry,


I like your thought. Full release. Wonder how the Tom Logan lawyers of the world would beat that one ![icon_idea.gif](upload://6VKizmOm2U7YYmfXNtFW4XTwFVy.gif)

Blaine


Originally Posted By: jpope
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Jerry,


I like the idea. However, in California, you cannot "contract out" negligence. I'm not sure about other states.

I think a "drive by" would definitely qualify as negligence ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif) . Not having some paperwork on file (in my opinion) may also be considered negligent.

A full release (also in my opinion) would negate the necessity of the inspection from the get go. If I were to perform these inspections, I would at least like to have my pre-inspection agreement signed rather than a full release.

I don't know, call me a cynic, but to me, a "full release" just sounds like I'm trying to avoid my professional responsibility.


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: jpeck
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Jeff,


You are not contracting our negligence in a drive by.

You are doing precisely what you client contracted for: Nothing.

You can sell NOTHING, and someone can buy NOTHING, as long as all parties are aware that what they are buying is NOTHING. Just give me real cold cash, thank you.

There is no negligence when you've done exactly what you said you would.

Contracting out negligence would be saying you will do something, then limiting your maximum liability to the fee they pay you, then NOT DOING what you said you would do. You would then be negligent, and you could not contract it out. Basically, you cannot contract it out in any state if it is intentional, because that becomes fraud.


--
Jerry Peck
South Florida

Originally Posted By: jpope
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So, I guess, if they’re willing to pay you for nothing, go get 'em icon_cool.gif


But then. . .

. . . why would they hire ME?


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: jpeck
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jpope wrote:
So, I guess, if they're willing to pay you for nothing, go get 'em ![icon_cool.gif](upload://oPnLkqdJc33Dyf2uA3TQwRkfhwd.gif)

But then. . .

. . . why would they hire ME?


'Cause their agent told them to.

Now, who's holding the bag?


--
Jerry Peck
South Florida

Originally Posted By: ekartal
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Jerry,


Is it possible to have both an inspection agreement and full release of liability signed for a normal inspection. Would that hold up in court?

Thanks

Erol Kartal
ProInspect

Sorry for the drift Nick. ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)


Originally Posted By: gbeaumont
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From NACHI standards of practice

Quote:
1.3. An Inspection report shall describe and identify in written format the inspected systems, structures, and components of the dwelling and shall identify material defects observed. Inspection reports may contain recommendations regarding conditions reported or recommendations for correction, monitoring or further evaluation by professionals.


Regards

Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: jpope
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Man Gerry, you’re just tryin’ to spoil all our fun icon_lol.gif


I guess that's why we have these Standards. Otherwise, a couple of us knuckle heads would get together and think we have a good idea


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: gbeaumont
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and one of my favorites icon_lol.gif icon_lol.gif


Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: ltrower
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Gee Gerry,


Now you are taking the fun out of this. I now have to hire a driver so I can write reports doing drive by inspections. Well lets see 30 drive by's a day x >???.?? = well darn at that rate you only have to work one day a month. Sorry guys, as Flip Wilson used to say "The Devil made me do it".


I must say that the boards have been very good since our detractor left for Germany. And welcome, and thank you to Jerry and Joe for coming aboard and sharing their knowledge with use.

Lee Trower


Originally Posted By: jpeck
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ekartal wrote:
Jerry,

Is it possible to have both an inspection agreement and full release of liability signed for a normal inspection. Would that hold up in court?

Thanks

Erol Kartal
ProInspect

Sorry for the drift Nick. ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)


Erol,

Yeah, I believe it would, if you could get your client to sign it knowing what they were signing.

With a verbal inspection, it would be their word 'he said this ... ' against your word 'no, this is what I said ... ', so there would be no proof of anything, other than the release they gave you because all they wanted was fluff.

But once it's written ...

Gerry,

We were referring to NACHI inspectors making verbal reports? I thought we were discussing a new marketing venue for non-NACHI members (maybe we can form NACVHI?) NACVHI? National Association of Certified Verbal Home Inspectors. You must pass a written test (the test is written) with some scratch and sniff sections, some sections which make audible noises, and some sections give off a bad 'taste in the air', to all of these questions you give verbal answers. This is because you, as a Verbal Inspector, are using your senses (wait, if you had any sense, you would not be a Verbal Inspector), processing the information you touch-see-hear-smell-and-taste, then give your verbal opinion on your drive by (SoP requirements: 1) you must have your inspection vehicle windows down; 2) You must slow to 5 mph while passing the inspected property; 3) you must turn around and drive by from the opposite direction also).

Okay, enough is enough.


--
Jerry Peck
South Florida