Your experience regarding Home Builders criteria for inspect

Originally Posted By: pmagrone
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I had a guy call me to do an inspection for a home in a community called Solavita located in Polk County Florida built by Avatar Homes. The guy needed to close in one week and I was very happy to accomodate him. I had my insurance company send over my Cerificate of Insurance and I made a copy of my Occupational License. I spoke to the person in charge at Avatar and they told me that they would not permit an inspector on the property without Workers Comp coverage and a Hold Harmless form from my insurance company releasing them from any liability. I have done many inspections for new home purchases and simply signed the form provided by the builder and sent my Occupational License and my Cerificate of Insurance and never experienced a problem. I told the builder that I could posess a workers comp exemption certificate along with my other proof of coverage and he told me that I had to have workers comp insurance to do the job. Needless to say, I am convinced that this company is making it impossible for my client to get an inspection on this home. What can I do to help my client get an inspector that meets the criteria and is this an unreasonable request on the builders behalf? If so, who can I tell my client to file an issue with regarding his situation?


Originally Posted By: bking
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If any employee of the builder has a real estate license they might be breaching their code of ethics by “interfering with an inspection”.


Your client may have to request an inspection through the person with the RE license to get it done or just tell the builder that they will walk.

Does your client have anything in their building contract that mentions an inspection?


Originally Posted By: pmagrone
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I am not sure. But I am considering filing a lawsuite myself based on dicriminetory practices against small business owners that are workers com exempt. What are your thoughts?


Originally Posted By: lkage
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pmagrone wrote:
I am not sure. But I am considering filing a lawsuite myself based on dicriminetory practices against small business owners that are workers com exempt. What are your thoughts?


I like to stay out of court whenever I can.

There are only two winners in a lawsuit and they are both lawyers. ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)


Originally Posted By: gbell
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The best way to handle this is to inform your client of the situation and offer to inspect the house once they close on it. The builder is still obligated to repair any defects. Then you can be a hard nosed sob and nail him on every little or big thing.


As for a lawsuit I feel it would be a waste of time and money.


Originally Posted By: lkage
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gbell wrote:
The best way to handle this is to inform your client of the situation and offer to inspect the house once they close on it. The builder is still obligated to repair any defects.


Good advice.


Originally Posted By: dduffy
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gbell wrote:
The best way to handle this is to inform your client of the situation and offer to inspect the house once they close on it. The builder is still obligated to repair any defects. Then you can be a hard nosed sob and nail him on every little or big thing.


As for a lawsuit I feel it would be a waste of time and money.


Exactly, and nit-pick it to death after the closing. Builders don't care if the buyer backs out anymore in hot building areas of the country, the home is probably worth much more now since it is finished then what the purchase price was, and there probably are people waiting in line to buy it from builders just like this one. At a much higher price.


Originally Posted By: dfackler
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A typical builders package for Florida is:


Liability Insurance with a min $1,000,000.00 coverage


Workmans Comp. Exemption Certificate.


(when the laws changed at the turn of 2005 for contractors, we all had to re-apply for the exempt status - although it automatically renews each year)


And Occupational License


We have never been asked for a Hold Harmless - but we always provide our Work. Comp. Cert. with the package.


Originally Posted By: wdecker
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I do the same as Greg Bell. I have been refused by many builders. I go back, after the closing and do the inspection AND do the 12 month warranty inspection.


I also park my truck, with my logo, on the street and have the client pass out my brochures to the neighbors so that they can get 12 month warranty inspections. Once had 7 houses in the same development, all with the same defects (exhaust fans vented to attic, Cat 4 furnaces in the attic with no combustion air intake, etc). Boy, was the builder mad at me!


Originally Posted By: gporter
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Great advice Greg.


Originally Posted By: dedwards
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We have had similar responses from some (not all builders) in NW florida. Do as Greg stated and then you can do the inspection unincumbered by the site super being up your bum all during the inspection. As for workman comp. we had a requirement placed on all of us in Escambia county for a short period of time before their county HI license law got repealed a few years ago and the people at the Workman comp offices told each of us that none of us could buy workmans’ comp insurance even if we wanted to because HI are not classified as a construction trade by the State of Florida so we were not even eligible. I do not think that has changed at all, so for them to require you to have Workmans’ comp is bogus. Best bet, do the inspection after closing and like mentioned do the 1 year warranty to boot. You might even cut them a discount for that just to nail down the job and to also market your services a little.


Originally Posted By: bking
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Will,


didn't those attics have ventilation?
Soffit vents and ridge vent would provide combustion air.


Originally Posted By: gporter
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You have to have at least four employees before you need workers comp in Florida


Originally Posted By: wdecker
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Bruce;


Most have blown in cellulose insulation. I have watched these units suck up all the insulation and use IT for combustion air.

Manufacturer installation instructions ALWAYS outweigh code. The manufacturers want combustion air vents to the exterior. Who am I to argue.

Besides, around here the usually built little insulated rooms in the attic fro attic furnaces, closed off from the rest of the attic.


Originally Posted By: psisler
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Mr. J. Ferry,


As laymen we can beat this to death. What do you have to say about this situation?

Patrick


Originally Posted By: rbennett
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Paul


Welcome to Polk county. If you want to push it the contractor will have you up on charges it he finds you on his job site. You can only be on his site when he says you can. End of story. As you know an inspection after the COO is given it is hard to find things that have been covered up.

Here is the bottom line Avatar Homes is a exelent builder in this area and you probably will not find any problems with his homes. They are good.

If you do some checking around you will find that there are some inspectors that are on their good list and you can pass this one off to someone else in the area.

Trust me the effort to make the $$ is not worth it if takes an extra 2 hrs of work to get the job done. Our margens are too small now.

Walk on this one -- and tell your client why

BTW your OCC licence better be in Polk county and the city (if in one) that he is building. -- Less that $100 but this is the law.

Welcome to Polk county

Richard Bennett
Home Inspector
Frostproof Florida -- Polk County


Originally Posted By: rbennett
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BTW


If they do not want me on their site and I DO have all the paperwork that they want ---- I walk

Just not enough $$ in the project to fight the battle

Off to the next inspection

Side note --- if you are aproved by some of their compitition - do some name dropping --- it works

rlb