Hey ,something I can agree on.
You waffle on and on using vague phrases like “Most Times” and “You Believe” to back up your points.
One would think that “The Largest HI Org” would have enough resources to actually perform a Study to back up some of these claims???
Hi,
Well, it goes beyond interNACHI; it’s endemic throughout the profession, and inspectors just don’t seem to understand that most of the advice they give here and on other boards about how to avoid liability is just plain wrong.
Look anywhere in this profession and you’ll find supposed experts writing with jilted mixed tense passive language that they think makes them sound more technically proficient and will somehow save them in court. It doesn’t and it won’t.
Barry Stone is a good example; the man is obviously very technically proficient; but I cringe every time he provide an example in his column of what he thinks is good report writing. Inspectorspeak is dead and we need to learn to leave it buried.
A good example is the use of the term “appears to be.” Appears to be" is equivocation.
“The furnace appeared to be functioning normally at the time of the inspection,” sounds like you aren’t 100% convinced, or that you’re saying, “Well it worked all right at the time of the inspection but I’m not so sure about right now.” If your writing tells the client that you’re not convinced, what do you think it says to a judge or jury? If you know something is working, don’t be afraid to say so.
If it was functioning normally when you inspected it and you are reporting that fact to the client, write it the way you said it to the client at the time of the inspection; “The furnace is functioning normally.” That is not a guaranty of future performance but when you say it that way you are saying to the client, “This is what I found and I know what I’m talking about.”
With respect to the IP’s advice, neither equivocation or any other play on words will save you in court, and anyone who hasn’t spent days on the witness stand shouldn’t be telling folks that it will.
Know what you are looking at, report it accurately to the client without mincing words or trying to minimize the issue and write it in active voice the way you say it to the client - not in passive language that sounds like it belongs in a Victorian-era novel.
ONE TEAM - ONE FIGHT!!!
Mike O’Handley, LHI
Your Inspector LLC.
Kenmore, Washington
Wa. Lic. Home Inspector #202
I’m a volunteer at InterNACHI. Not an owner nor employee.
No funds for a “Study.” LOL
I have been in court as an expert witness. My side has always prevailed.
Part of my vocation is reviewing inspection reports prompted by clients with complaints. What I believe and the thoughts I share are based not upon “studies” (as some suggest - hee hee), but upon actual, real-life, present problems that my colleagues are experiencing with their inspections, their clients and their attorneys.
BTW… what’s an “IP’s advice?”
You nailed it Mike.
That’s good. So, how do you know that a report written in the past tense is any better than a report written in the present tense?
I was a criminal investigator for a lot of years. I too have spent lots of time in court testifying and I can tell you that my experience has been that reports written clearly without wishy washy language or equivocation are a whole lot easier to defend than something that reads like it was written by someone who’s afraid of his own shadow.
Still, our experience isn’t necessarily emblematic of what is actually the case; we are only two people and we really shouldn’t be scoffing at research or someone’s suggestion that research might provide a result that differs from our own point of view. After all, isn’t it the results of a research study that fuels Nick’s contention that in-classroom training required by states versus iNACHI’s free online training, is killing people?
It would have been nice if you’d backed up the article with some kind of verifiable references; that’s all I’m saying.
ONE TEAM - ONE FIGHT!!!
Mike O’Handley, LHI
Your Inspector LLC.
Kenmore, Washington
Wa. Lic. Home Inspector #202
P.S.
By the way, an I.P. is either an Initial Post or a person making an initial post - an Initial Poster. Some folks prefer O.P. They both work so I use them interchangeably.
My opinion is based upon years of experience helping inspectors bring their clients to a quick, affordable resolution after the claimant experiences a problem or “bad event” after moving into their house, soon after the inspection date.
Here’s a quote from a good book that I read recently, [FONT=Courier New]**
[/FONT][FONT=Helvetica][FONT=Courier New]"If you hired a home inspector - that was a good decision and money well spent. As you know, the home inspector is not an expert but a generalist. Your home inspector inspected the home and reported the home’s condition as it was at the time of the inspection. That is the main responsibility of the home inspector. A home inspection does not include predictions of future events. Future events (such as roof leaks, water intrusion, plumbing drips and heating failures) are not within the scope of a home inspection and are not the responsibility of the home inspector.[/FONT][/FONT]
**
Who’s responsible? [FONT=Courier New]You are. The new homeowner. Welcome to home ownership. The most important thing to understand as a new homeowner is that things break. As time moves on, parts of your house will wear out, break down, deteriorate, leak or simply stop working.[size=5]"[/size][/FONT]
The book helps the inspector reduce liability by explaining that:
- the inspection happened in the past;
- an inspection is solely based upon the observations of the home on that day (in the past); and
- an inspector is not ultimately responsible for all future events.
Helping inspectors resolve disputes is much easier if the report is written in the past tense.
It makes it clear to the claimant that the inspection happened in the past, the “condition” was in the past.
Bringing resolution involves directing the claimant’s perspective away from the past, and towards the present condition. And present conditions of the home, and all future events related to the home, are now the responsibility of the new home owner.
A report written to reflect things in the past helps a claimant focus on the present.
Most claimants have a “last man theory.” Which is that when something bad happens, they blame the last person who was there - the inspector.
When the inspector’s report is written in the past tense, it helps separate the inspector from the home’s present condition. The inspection was then, this is now.
HERE’S A SIMPLE EXAMPLE of what I’m dealing with right now in a particular case I’m involved with.
“The kitchen sink drained without any leaks observed.” That’s in the past. That’s what it was like back then. That’s good.
“The kitchen sink is draining, and I do not see any leaks.” That’s present tense. This sentence conveys present responsibility of the present condition. BUT, if the kitchen sink is presently leaking, who’s responsible? Sounds like the inspector. The sink is leaking, and the inspector is saying, “No, it isn’t.” That’s bad.
“The kitchen sink drains without any leaks.” Sounds like a guarantee to many claimants. When a condition arises that negates that statement, error is assigned to the person who made that statement - the inspector. That’s bad.
It’s simply works better in resolving complaints when the report is written in the past tense.
-
- IMHO - no research studies - just years of experience.*
Like most posts this one is deteriorating into the typical personality pissing contest and the original thought is now being lost in efforts to prove one’s point…“I am more smarter than you are!” and before anyone starts comparing the size of their “paraphernalia” it is a report after the fact. If you want to write in past tense (I do) then do it, just stay consistent. I find it easier to state the conditions and what I did and can still use active words rather than passive using past tense. If someone is more comfortable writing in the present tense I am pretty sure the judge if it get to that will understand the intent and that the events of the day were in the past. I agree about writing in clear, unambiguous terms but as stated, many reports are almost mind numbing to slog through all the CYA verbage and makes the report more like a puzzle for the client to figure out. Especially if they have to use the key at the top of every page and decode the damn thing. I have seen reports that report on things that are not even in the building. “Appears there is no dishwasher” or “this home does not appear to have a garage”. NO s***!
Report on what you see, keep it simple. If it doesn’t work, say so, don’t troubleshoot the damn thing down to the defective module and they don’t need to know the history of plumbing in America to say so or the origins of Orangeburg pipe. Good Grief!
I respectfully disagree. I think you’re reading too much emotion into the posts.
I’ve got to go… about to cut my birthday cake… I’m hitt’n 40.
When people start breaking out their pedigree and vast experience and history it has gotten past being objective, well into emotional because those are defense mechanisms to bolster their position. I used to teach this crap…see I can do it too.
hmm… okee dokee… have relaxing weekend
I agree, it does look like Peck Syndrome is beginning to set in, so, though I still haven’t seen any credible proof that writing in the past tense bolster’s one position in court or out of court, I’ll bow out.
ONE TEAM - ONE FIGHT!!!
Mike O’Handley, LHI
Your Inspector LLC.
Kenmore, Washington
Wa. Lic. Home Inspector #202
There will be no clear cut winner here.
So you say.
Ahh, I see now, you are Selling a Book. What a shock
Why not just start out with, I am selling a Book???
Understand, I believe, that Ben no longer performs home inspections. It irks me to listen to home inspection teachers, book authors, even state board members who do not do home inspections. When home inspectors go to court to testify against other inspectors, well, that tells me alot about their character. Take their advice with a grain of salt. I have done thousands of inspections on site, in the present tense, and have never been to court. Do what you feel is best for you.
LOL
Maybe you should consider what he is saying.
Inspecting a home is one thing but being able to deliver a report with proper writting skills is another.
Gary,
You’re correct. I no longer perform inspections for home buyers.
Now, I perform all kinds of inspections for NACHI.TV shows, with thousands of eyes watching (hopefully 
)
I can only imagine how much pressure you have on your radio show when speaking to thousands of listeners about home inspections, and how different it is to speak to a single home buyer alone. Great show.
Another thing about PAST TENSE…
For those inspectors who take digital pictures during the inspection: consider “time-stamping” each picture - making the date and time visually appear in the picture itself.
Many inspectors provide their clients with pictures of the inspection (first showing the pictures after the inspection on the computer, then saving them to CD for the client after the inspection, and including them in the report).
Each digital picture should be time stamped. Just like the text of the inspection report, the digital pictures are recording/describing a moment in time in the past.
There should be a feature on your camera to allow the date and time to be visually displaying onto the picture itself. An easy thing to do.
To help reduce liability: Consider “time-stamping” each digital picture of the inspection.