What would you do

#1

I received an interesting phone call today from a very upset young lady who had just moved into her new home which had been inspected before she bought it. I am happy to say that I wasn’t the inspector who inspected the home.:stuck_out_tongue: Although maybe its to bad I wasn’t, because then she wouldn’t be upset.
It seems the inspector (who does the lions share of inspections in my area, big franchise company) decided that he couldn’t inspect the crawl space because it was inaccessible. This poor girl, who was in tears when I was talking to her, said her contractor had just come out of the crawlspace which he entered with no problem through a window. The contractor said that nearly every joist and beam had severe dry rot and needed to be replaced, which would cost many, many thousands.
Her question to me was, is this normally included in a home inspection and if so should it of been inspected seeing as her contractor had no trouble getting into the crawlspace. I told her about the SOP and that if it is “readily” accessible that it has to be inspected. I also told her to contact the OAHI as I know that this guy is a RHI. (and they’re the best in all Ontario :sarcasm: ) Not that they will do anything. I then told her to call P2P back…oops, I mean the inspector and let him know about the problem. She then told me that she is also contacting her lawyer and then asked if I would be available to look at the crawlspace.
Here’s my question to you everyone. Would you go and look at the problem and write up your findings. I am not sure how deeply I want to be involved with this, especially if it goes to court.
Understand, also that I had never heard of this lady before today. I was recommended to her by a realtor that knows me to be fair, honest and very thorough in my inspections. Any and all advise will be greatly appreciated.

Thanks,

Mark
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#2

Mark

Firstly I would suggest the lady have a second contractor look at the crawlspace, who is to say the contractor is right or is not making things sound bad to get the work.

My advice is go back and take a look and then decide whether you want to get involved. This will tell you if the inspector did miss something and/or whether the contractor is out of work.

Just because someone is a RHI does not mean they are a good inspector, of course just because someone is a Nachi inspector does not mean they are good, ditto National Cert. holder. Not only that we are only human, but, I also feel P2P is one of the worst franchises out there.

Also if the entry to the crawlspace was sealed that negates the inspector entering, but he should have advised for purchaser to gain entry before closing of title.

I would be willing to assist you via the internet should you choose to document the issues for further action.

#3

Also you may wish to print this case out and give it to your client. There are many saliant points in this ruling which may apply to your client.

http://www.canlii.org/eliisa/highlight.do?text=pillar+to+post&language=en&searchTitle=British+Columbia&path=/en/bc/bcpc/doc/2003/2003bcpc2/2003bcpc2.html

#4

Ps.

Couldn’t resist, but P2P is also the company that their President Trevor Welby Solomon at the time who was a board of director of OAHI who was holding OAHI board meetings in the Corporate Boardroom of P2P! Talk about conflicts of interest. Shortly after spilling the beans on that little diddy I was terminated as Discipline Chair of OAHI, and its been downhill ever since. And as Lily Tomlinson would say, “and thats the truth”.

#5

This may also be helpful for your client.

http://www.oahi.com/default.asp?tier_1=63&tier_2=71&content=41

Also send the complaint form registered letter mail to Mr. Wayne Christopher and send a copy to OAHI lawyer Mr. Segal. Complaints to OAHI have a mysterious way of disappearing.

#6

The by-laws will also assist your client should there be further need.

You should also find out whether or not this inspector is a National Certificate Holder.
http://www.nca-anc.com/index.php?option=com_dbquery&Itemid=54

Also find out if the inspector has E&O insurance or failing that if in his contract if not insured the fact he was not insured was disclosed to the client. That is a requirement of OAHI.

Anything else you need assistance with you let me know!

#7

Thanks Ray,

You are right. The only way to make an informed decision is to see for myself. As for this certain inspector, this is not the first complaint I have heard regarding him and have seen his short sightedness first hand before and it absolutely boggles my mind that he has been in business for so many years and that he and his partner continue to do 600+ inspections a year.
I guess PTP has a great marketing campaign.
Anyways, I will let you know how things turn out.

Mark

#8

Mark

I am very versed on P2P I have been retained in the past by clients who made the mistake of hiring P2P. I have heard P2P had a dart board at their corporate office with my picture as the bulls-eye. :smiley:

#9

Here is the address of Oahi legal counsel.

Blumberg Segal LLP
390 Bay Street
Suite 1202
Toronto, Ontario
M5H 2Y2 Canada

Tel (416) 361-1982
Fax (416) 363-8451
rsegal@blumbergs.ca

#10

http://pillartopost.com/professional-home-inspector.aspx

I guess they purposely left out home purchasers as being important. Got to get those referrals from the Realtors! :wink:

I really don’t know how P2P inspectors can inspect 1600 points in a home, considering they are by all accounts not in the home long enough. Hmmmm

#11

We all know they are well educated and trained at corporate head quarters they get all the training they need including how to use there special reporting system and they do this in 10 full days .
Some how this does not always work as many do not seem to last doing P2P home inspections.
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#12

This about sums up their independence. And why they promote protecting referring agents from liability. Sure looks like they care more about their referring agents then the home purchaser. But then again maybe I am reading more into it. :wink: NOT!

http://pillartopost.com/real-estate-professionals.aspx

#13

Does P2P still give out the free trips to Alaska and the Huge Flat screen TVs to the realestate Agents?

#14

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2007_0621417grandview0020.JPG

And this is why you should always look inside crawlspaces whenever possible and even when not. The first pic shows my screw driver inside a floor joist. I easily pushed it in and through the joist. In fact I could pull the wood apart with my hands if I wanted. There were about 8 or 9 like that. The second pic is the main supporting built up wood beam … or whats left of it.
This inspector missed this because he decided that the crawlspace was inaccessable.:-k
It took me 30 seconds to get in. It was dark and dirty and a little damp inside. There were cob webs and yes…even the odd spider.:shock: Did I want to go inside…hell no, it was kinda nasty looking in there. Did I go inside… hell yes, it’s a dirty job sometimes but someones got ta do it.
The moral of this story is, do your job right and you’ll do alright. Don’t and well… you’ll end up like the inspector that didn’t like spiders and dark places.
Up sh**s creek without a pot to piss in (or something like that)
This guy will be getting a letter from this poor girls lawyer any day now and then later a bill for over $15,000. All because he didn’t want to get a liitle dirty.

#15

Would you happen to know if there was a Vendor Disclosure Form provided to the purchaser?

Have they contacted the inspector to notify him of the problem?

At the very least the inspector should have recommended accessing the crawlspace prior to closing of title. That would have put the onus on the purchaser.

How old is the house?

#16

The purchaser’s contacted the inspector and he called them back yesterday. He said that he did not enter because of standing water in the crawlspace. The crawlspace was very damp but no standing water that I saw. May of been at the time of his inspections. Thats irelevant though as he made no mention of standing water in his report nor listed it as a limitation. Only mentioned that crawlspace was not accessable and could not be entered through openings (aka windows) and that moisture problems required further evaluation. Whether this covers rot due to excessive moisture, I guess the judge will decide. The home is over 50 years old and there is some significant foundation settlement as well, which he listed as a step crack in block foundation. I could fit my finger in several of the cracks and could see day light through them while in the crawlspace.

#17

Hmmm…

How did he know there was standing water in the crawlspace if he had no access? Unless of course he could peer in through a hole for heating duct or someother utility hole?

#18

I knew you would catch that Ray. I asked the same question. The client said he didn’t open the windows (aka access) So either he did and she didn’t see him do it, and decided he didn’t want to go inside or he’s full of it. But like i said there was no water today and he did the inspection 3 or 4 weeks ago.

#19

If there was standing water at the time he should of listed it in his report.

#20

[quote=rwand1]
Mark

Firstly I would suggest the lady have a second contractor look at the crawlspace, who is to say the contractor is right or is not making things sound bad to get the work.

Good advice, that is where I would have left it. As far as going to look for myself, no way, unless I was in the business of exposing fellow inspectors. If he is a bad inspector it will catch up to him soon enough.