The Home and Commercial Inspector's Shield

Letter: Home inspections

admin — Tue, 15 Dec 2009 01:39:16 +0000

Bravo to the author. Yes, there are some bad inspectors out there, but don’t be fooled into believing that an inspector can automatically limit their liability and have the provision automatically enforced in court. If this is all that was required, there would be no market for Errors and Omissions insurance for inspectors! Issues involving inspections are often complicated. Many times is comes down to understanding what an inspection is, and what it is not. And regulation of the industry is no magic bullet. Read article here.

Save Lawsuits for Provable Negligence

admin — Sun, 15 Nov 2009 22:34:34 +0000

By Barry Stone
Saturday, August 20, 2005

DEAR BARRY: When people write to you regarding negligent home inspectors, you always seem to advise against suing the inspectors. Could you please explain this? — Jock

Read Barry’s response here.

Unfair Blaming of Home Inspectors

admin — Thu, 12 Nov 2009 01:33:08 +0000

The House Detective by Barry Stone, Certified Home Inspector

Dear Barry: As a home inspector for many years, I’ve been caught in the “you-broke-it,–you-pay-to-fix-it” bind. My question is simple: When is a home inspector responsible for things that break? Tile roofs are not designed to be walked on, so a home inspector should pay for tiles that break under foot. But I’ve been asked to repair wood trim because I pushed my finger through some dryrot. I’ve paid for faucets that would not turn off after being operated, for a garage door that disconnected from its track when I tested it, and for a casement window that fell from its frame when opened. Is it right for home inspectors to bear the costs of such repairs? Marshall

Read Barry’s response here.

A truly inspiration post by Jim Bushart

admin — Fri, 06 Nov 2009 19:09:35 +0000

“My Most Valuable Lesson as a Salesman”

Had to share this. Read Jim’s blog post here.

Binding and Non Binding Arbitration

admin — Fri, 06 Nov 2009 04:24:24 +0000

Arbitration is the alternative choice available to resolve disputes without going for litigation or trial. Both the parties have to agree that a third party arbitrator will act as both judge and jury. Arbitration can be binding or non-binding but quite often it ends in a settlement. In a non binding arbitration no arbitration award what so ever is issued. In a binding arbitration, the arbitrators’ decision is final and cannot be disputed or appealed. The parties may even agree to follow the rules put down by the AAA (American Arbitration Association). Read full article here

Phone Book Referrals for Inspectors

admin — Tue, 03 Nov 2009 16:29:46 +0000

Jun 22, 2009
The House Detective: by Barry Stone, Certified Home Inspector

Read Barry’s post here

Non-Binding Arbitration: Get Your Day in Court Without One Day in Court

admin — Mon, 02 Nov 2009 22:04:49 +0000

Have you ever had a dispute over an amount that was too small to litigate but too big to leave behind? These are some of the most difficult issues to resolve; they can strain the attorney-client relationship and, occasionally, they test the bounds of common sense. Before you file that lawsuit, consider whether non-binding arbitration can help you avoid the irrational. Read full article here.

Is Home Inspector a Risky Career?

admin — Wed, 28 Oct 2009 17:45:21 +0000

Home inspection is a risky industry but can also be a rewarding and profitable one. This article by Jeslyn Jessy points to some of the risks involved and some of the ways for inspectors to protect themselves. There is another very valuable, cost-effective way in the form of inspection arbitration. Inspection Arbitration Services (IAS) is the #1 choice of inspectors for effective, on-line, alternative dispute resolution. Check it out at http://www.inspectionarbitrationservice.com. Below is an excerpt from Jeslyn’s article:

A career in home inspection is not for everyone. The job of a qualified home inspector is to conduct a detailed examination of a home to detect any potential system or component that may require attention from the home buyer. The inspector writes a report on every room that includes issues related to building practices, fire and safety, necessary repair, upgrading, etc. This profession is a technical job that requires specific knowledge and skills. In fact, the inspection process is very frustrating especially when the inspector needs to deal with some of the demanding home buyers. Besides, this career involves certain risks. Click here to read full article.

HOME INSPECTOR LIABILITY

admin — Wed, 28 Oct 2009 17:08:15 +0000

The Legal Advisor – July, 2005
By Stephanie M. Wilson STOOPS, DENIOUS, WILSON & MURRAY P.L.C.

A typical residential real estate purchase involves several parties, one of which is a home inspector. Many, if not most, buyers hire a home inspector to conduct an inspection of the property prior to close of escrow, and most buyers rely on the report generated by the home
inspector for the condition of the property and ultimately whether they will proceed with the purchase of the property in its current condition. However, often after a buyer takes possession of the property, the buyer discovers problems with the physical condition of the property which were not disclosed by either the seller or by the home inspector in the home inspector’s report. The question then becomes whether the home inspector is liable for any of the buyer’s resulting damages based on the report prepared by the home inspector which did not disclose the physical defects…

Read full article here

The Boundaries Of Inspector Liability

admin — Mon, 26 Oct 2009 01:38:14 +0000

Great article By Barry Stone
Saturday, August 31, 2002; Page H08

One of the main issue is uncertainty over fair vs. unfair liability. Fair liability occurs when a home inspector was negligent in the course of an inspection. Unfair liability occurs when a home inspector was not negligent and yet is being pursued. Both of these situations are common. Read full article here