View Full Version : Re-inspections
Dan Blanchard
07-15-2008, 03:02 PM
I can't find previous posts on re-inspections. Below paragraph is one of several on my certifications page.
The home inspector is under no obligation to make amendments/modifications or updates or to verify or inspect repairs or alterations based on new information made available after the home inspection is completed.
I have yet to do a re-inspection.
I inspected a $100,000 home recently that probably had $20,000+/- in problems that included practically everything except the roof. Borrower emailed, will need a re-inspection very soon as sellers have just about completed all repairs, will need a mold inspection also. I haven’t responded yet but I need to soon.
Chris Bernhardt
07-15-2008, 03:35 PM
Hi Dan,
I just replied to this subject in another post. Check new posts.
If you haven't done a reinspection yet, you'll have to decide if you're going to do them at all.
I hate doing them, but I do them. I do try and discourage the clients from hiring me to do them, but if they have their heart set on it then I'll do it.
The key is to follow their repair addendum or whatever aggreement they have made with the seller. Read it carefully. Make sure you understand what they are agreeing to. You're not inspecting per the SOP at this point. You got to understand this or you will get yourself in trouble.
That's what makes reinspections so tricky.
Chris, Oregon
David Banks
07-15-2008, 03:39 PM
I have gathered this from Inspection News over time. Most I believe is from EC and WC Jerry's. Take what you need.
.......... Home Inspection does not do Re-inspections.
Re-inspections are not recommended as ........ Home Inspection after reviewing the corrections refers the client back to the contractors work repair order and any guaranties provided by the contractor.
For Example. Your family physician is a generalist. (Home Inspector) And he or she sends you to a specialist, such as a dermatologist, and the dermatologist performs some procedure on you. Do you now return to your family physician and ask him or her if what the specialist did is correct? No. If you have concerns, you go to another dermatologist. Your family physician is not qualified to pass judgment on the specialist.
I have never endorsed re-inspections because in essence the inspector is "blessing" the repairs/modifications of others and will be held legally responsible for work done without his/her oversight.
If you are going to do the Re-inspection as some here do.
It is recommended that documentation be obtained from the contractors performing the repairs for any applicable warranties or guarantees.
Licensed Contractor should provide you with the following.
-provide you with the written quotes for the work to be done. (Details on materials etc. Quality?)
- provide you with the written work order stating what was done.
- provide you with the written invoice marked "Paid In Full",
- provide you with the company name, address and phone number and the person who is licensed license number.
- provide you with that company's insurance certificate.
- provide you with that company's guarantee covering the work.
Ted Menelly
07-15-2008, 03:50 PM
I just turned down an inspection of a home that was hit by lightning. The wiring in the home was toast. The family was also having an adition of a family room over a garage. He is concerned with mainly the electric as to is the electrician doing everything he should. Nope, aint doing it. I told him to wait for completion and then bring in another electrician to test all the circuits and proper grounding to make sure the first electrician did not miss anyhting.
Ron Bibler
07-15-2008, 04:32 PM
To do a proper reinspection you need to see things as a work in progress. If you comeback and are trying to insprect items that are inpart inaccessible you need to state that in your report. ID the inaccessible areas and why. take photos of the areas. The work that was done and then completed/behind sheetrock/walls is where I find all the problems.
Best
Ron
John Arnold
07-15-2008, 04:57 PM
I can't find previous posts on re-inspections. Below paragraph is one of several on my certifications page.
The home inspector is under no obligation to make amendments/modifications or updates or to verify or inspect repairs or alterations based on new information made available after the home inspection is completed.
I have yet to do a re-inspection.
I inspected a $100,000 home recently that probably had $20,000+/- in problems that included practically everything except the roof. Borrower emailed, will need a re-inspection very soon as sellers have just about completed all repairs, will need a mold inspection also. I haven’t responded yet but I need to soon.
If you have E&O insurance, you might want to ask if you are covered on a re-inspection. My understanding from FREA is that I am not.
Jerry Peck
07-15-2008, 06:18 PM
If the repairs were not done by appropriately licensed and competent contractors, consider the repairs as "Not done."
If the repairs were done by appropriately licensed and competent contractors, those contractors will offer their own warranty for their work, consider those repairs as "Not needing inspecting."
Okay, now just what was it your client wants you to re-inspect? Things which were "not done"? Why?
There is no need to re-inspect repairs which do "not need inspecting".
:D
There is no 'win' side for you with this.
Either you disappoint your client by not re-inspecting, but you should be able to reduce that disappointment by explaining why it is not needed, or, you may get called back to address something which supposedly had been repaired, which you said was okie dokie, yet which then later failed to perform. The later can cost you money out of your pocket.
About all you can safely state is 'Yeppers, they put a new roof on. But I can't tell you anything about how it was done.'
In which case, why take your clients money just to tell them nothing of substance? You'll keep their referral longer by telling them not to waste their money on a re-inspection, as much as you would like to take their money, there is no need to.
Dan Blanchard
07-15-2008, 07:51 PM
Thanks for all.
Buyers want out of this in a bad way. If the realtor was truly looking out for the buyer’s best interest, the realtor (representing the buyers) would not have used the Local MLS Contract of Sale. Local MLS Contract of Sale gives the sellers the right to repair or refuse repair if they so choose once they have been furnished a copy of the report by the buyers realtor. If sellers decide to make repairs, the buyer has little choice but to continue or forfeit earnest money. On the other hand, Missouri Association of Realtors Contract of Sale is the opposite. Missouri Association of Realtors Contract of Sale gives the buyers the right to decline the property and receive back all earnest money if the home inspection is not of the buyer’s satisfaction (the contract I use). With the local MLS Contract of Sale, the buyer is closer to “trapped” thus protecting the realtors paycheck.
Jerry Peck
07-15-2008, 08:04 PM
If sellers decide to make repairs,
I'm guessing that if you read that contract, the seller has to use licensed contractors.
If the contract is worded that way, then nothing the seller did on their own counts as being repaired, not unless they hold a license in that trade.
Jerry Peck
07-15-2008, 08:12 PM
Dan,
This would be my pitch to the buyer, to give to their agent, who hopefully is not real stupid (or they may live to regret it).
Tell your client that *IF* you do a re-inspection, you will do a re-inspection, and if you see anything else wrong which was not wrong before, you will note that too, because, as the contract states (at least it should so state) 'the seller is obligated to maintain the house in the condition in which it was when offered for sale, other than making repairs, and minor wear and tear'.
That means that if you 'missed' something, you really did not 'miss it', obviously, it was 'okay at the time of inspection', which means the seller had to maintain it in that 'okay' condition. If they did not, and you now see it and write it up, the seller must now correct that too.
Talk about opening a can of worms, man, I could go in there an open a real big can of real big worms, making the real estate agent and seller totally regret they tried to force the buyer to buy it.
That said, why is the buyer trying to back out? That is, after all, what contracts are for - one party agrees to buy at a give price and the other party agrees to sell at that given price. A contract is supposed to protect both parties.
Sounds like that contract does not, in which case I would love to come out with a 'jeez, guys, you really let this place deteriorate since the inspection, this, and this, and this, and this, and ... all need to be replaced, and it's only another $50,000. :D
Chris Bernhardt
07-16-2008, 06:31 AM
Like I said I hate doing reinspections and I don't do very many.
In my area they are mostly done to confirm whether anything was done at all or to obtain a clearance on pest & dryrot reports.
If you're going to do them, the work is more in the vein of a construction consultant. You're going to need a skill set beyond the scope of your typical HI SOP and in IMO you should be good and comfortable at writing narrative.
The principal problems I run into are:
Sellers simply agreeing to and not carefully reading the buyers repair addendum as we call them here.
Contractors doing the same. But in defense of the contractor, when I have had a chance to talk with them, they never saw my report or the repair addendum just the hand waving of the seller or realtor.
Bubba doing the repairs.Very rarely is the issue about whether something was done to code or the Mfg. installation instructions; Usually, it's about whether anything was done at all.
Like I have said, it's about inspecting to the mutually accepted repair addendum not my areas HI SOP.
Just so you know, I have no broiler plated disclaimers, disclosures or limitation of liability statements when I write my reinspection reports.
You need to think in terms of giving advice, not giving the client some wording that acts as some kind of assurance.
Chris, Oregon
Nick Ostrowski
07-16-2008, 07:08 AM
My shpiel when asked about doing reinspects:
"Be sure to have the seller provide receipts and invoices from the professionals who performed the repairs as proof it was completed by professionals. Then you have somebody to contact if something is not done right. If the sellers cannot provide any paperwork for repairs, then the repairs should be considered suspect in nature."
I have done reinspects in the past and now avoid them like the plague. Plus, my E&O carrier Allen Ins. will not cover me for them and them and I don't like swinging without a net.
Some inspectors wil say that you are doing your clients a disservice by not performing reinspects and some will say you are losing out on potential revenue. To each their own. You have to do what makes sense for you and what you feel comfortable doing. Personally, I don't like putting my stamp of approval on repair work I can't be 100% certain was done correctly.
Scott Patterson
07-16-2008, 07:20 AM
This is how and the only way I will do a re-inspection
1. The fee is 50% of the original fee. This deters most from going ahead a re-inspection.
2. I must have original receipts from the contractors for the work that was done.
3. Only those items that have receipts are inspected.
4. I do not look at any other items. So if anything has happened since the original inspection, it is not part of the re-inspection.
Markus Keller
07-16-2008, 11:29 AM
As often as this topic comes up and as often as I read the paranoid, ridiculous responses to it by those who don't do re-inspections, I still fail to be swayed by the points.
I do re-inspections when a client asks. I don't push it as a service. Usually it is for minor issues, once in a while it will be for more significant items. Major or technical issues that cost lots of money (my) buyer's prefer to get credit for rather than rely on the Seller to perform the work properly.
House needs a new furnace - buyer wants credit so they can choose the system of their liking.
Re-inspection:
- Has the problem been solved, yes or no?
- Who did the work?
- Has the problem been solved in a safe, professional, lasting manner?
- Does the repair not create other problems?
It's not rocket science. Clients are happy and usually all parties are happy because the deal can go forward. The Seller's aren't happy that X was written, but for me at least, have been polite and happy when issues were discussed and resolved. People talk, I listen, people tend to finish the deal happy.
Ted Menelly
07-16-2008, 11:44 AM
Marcus
You brought tears to my eyes with that ending. Kidding. Almost though. Still Kidding
Seriously though. I do re inspections. Practically never but I do them.
Quite frankly, if it is something overly visible, fine. If it is something I am not going to see as a newly finished piece of drywall then no I won't waste their money.
I have posted concerns so many times about everyone being scared to death in this business. I will say it again. I have building, remodeling, inspecting, doing the commercial thing all my life. From my teens to the ripe older age of 54. Have I ever had anyone ever try to get something from me for nothing, yes. Have I ever received a letter from a lawyer, yes. Has anyone ever received money from me for anything, no, or for that matter gone to court. Why, because it was always bull s**t
Lets face it. If you did get taken to court and actually found guilty for gross negligence then so be it. If your guilty, pay the piper.
Stop with the I am scared to death crap. Do your job, do it well. Let people know where you stand. Give them what ever paper work you may feel necessary. I would tell you all a little secret but I won't. (hire Vinny to pay them a visit) :) kidding. I am still not telling you the secret.
Scott Patterson
07-16-2008, 02:29 PM
I think a great deal of the apprehension comes form the Last Man In ideology. The last person to "Bless" the house is the one who will be responsible for whatever happens.
Jerry McCarthy
07-16-2008, 03:18 PM
I honestly hope those that perfrom re-inspections keep doing so. They are providing me and others who do what I do a consistant income flow. I hope this statement does not sound arrogant because it is not meant to be, but when you can see what's on the other side of the litigation wall you tend to see the bigger picture when it comes to legal liability.
Rick Hurst
07-16-2008, 03:33 PM
Jerry,
You and JP should have this poster on your office walls. :D
rick
Markus Keller
07-16-2008, 03:53 PM
Don't worry Jerry, you don't sound aragant, especially since you can't spell arrogant.:p
Maybe it is because I have spent so much time in the courtroom defending clients on both sides of the aisle that I am less worried than others.
I have to agree with Ted. If you do your job well, you can overcome the obstacles others want to throw in your path.
Ted Menelly
07-16-2008, 03:59 PM
Shoot
Home inspections are to liable
Pre listing inspections are liable
Re inspections are liable
Talking to my neighbor is liable
Driving is liable
Shoot, living is liable
That is it. I am giving up everything :)
Oh, wait I can be a janitor. Damn waxing a floor is liable.
Jerry McCarthy
07-16-2008, 04:17 PM
Ric
Found that card a few years ago and incorporated onto my business card that I gave to my friends. Hey, that's what consultants do. I also had a T shirt that had printed on it, "I'm not out of work, I'm a consultant!"
Jerry Peck
07-16-2008, 05:58 PM
Rick,
I've never seen that before, I like it!
"If you're not a part of the solution, there's good money to be made in prolonging the problem."
:cool:
Matt Fellman
07-16-2008, 09:37 PM
The re-inspection argument will likely go on until the end of time. I understand and see the points on both sides.
I don't like them but have made a business decision to do them in some cases. JP's analysis about licensed contractors is pretty much right on. The only counterpoint I might offer is that these are the same contractors he swears can't do anything right while building a house. I'm not sure how/why they are all of the sudden qualified when doing repairs and require no supervision or checking up on. But I do understand not wanting to be the one held responsible for supervising/checking up on them. It's a huge liability.
I like re-inspections to check simple things in places a buyer isn't or doesn't want to go.
Is the dryer vent in the crawl space repaired?
Is the bath fan attached and vented out of the house?
Are the wood scraps out of the crawl space?
Are the A/C lines and plumbing pipes secured off of the ground?
Stuff that is not 'hi-tech' - Just simple things that Joe Buyer and Sally Realtor don't want to crawl around to verify. The idea that a contractor offers a warranty is great but 5 years down the road when the bath fan wan't hooked up and the attic is now full of mold, good luck finding Mr. Contractor.
And sure, you could hold the seller that was supposed to perform the repairs responsible but that's just not realistic.
Our business is as much about customer service as anything else and you're free to offer or refuse to offer whatever services you like. Just don't be surprised if your phone doesn't ring if/when you're known around town and the angry/grumpy inspector.
Jack Feldmann
07-17-2008, 09:52 AM
My E&O carrier now covers re-inspections should I choose to do them.
They changed their position, and now view it as a continuation of the original inspection (as far as contracts are concerned).
I still try not to do them.
Nick Ostrowski
07-17-2008, 11:32 AM
Our business is as much about customer service as anything else and you're free to offer or refuse to offer whatever services you like. Just don't be surprised if your phone doesn't ring if/when you're known around town and the angry/grumpy inspector
How does not performing reinspects or not offering a service make somebody an angry/grumpy inspector?
Dan Blanchard
07-17-2008, 05:16 PM
I’m off the hook on that re-inspection. I’ve read all the posts. Here is my stance for the future. I will do a re-inspection when asked, for a fee. If I didn’t I would feel like I was leaving my client to the wolves. My one page re-inspection report is going to rather vague and I’m going to leave that paragraph in my certifications page just incase I need an out.
The home inspector is under no obligation to make amendments/modifications or updates or to verify or inspect repairs or alterations based on new information made available after the home inspection is completed.
I used that paragraph once for an out. Property had termites, roof leaked in a dozen places, there must have been a hundred gigs. Turns out seller was the contractor that made all repairs seller thought necessary. No receipts, invoices, warranties, nothing. I smelled a rat and refused to do a re-inspection based on that paragraph.
Matt Fellman
07-17-2008, 05:54 PM
Our business is as much about customer service as anything else and you're free to offer or refuse to offer whatever services you like. Just don't be surprised if your phone doesn't ring if/when you're known around town and the angry/grumpy inspector
How does not performing reinspects or not offering a service make somebody an angry/grumpy inspector?
Rufusing to help out a past buyer could easily be construed that way. I've refused some re-inspections and it doesn't go over very well.
Nick Ostrowski
07-18-2008, 04:06 AM
Rufusing to help out a past buyer could easily be construed that way. I've refused some re-inspections and it doesn't go over very well.
It's all is how you explain it. If you just refuse to refuse and don't give the client any reason, then yeah, I can see how you can be viewed as difficult. My explanations to my clients are very clear:
1 - Get receipts from sellers from the professionals who did the work. No receipts mean the work should be considered suspect.
2 - There are things I can't see that may have needed to be done or were not done. You'd be paying me and all I can tell you is "Well, it looks ok". I don't want to waste your money when I can't tell you with 100% certainty the job was done properly.
3 - My E&O carrier does not extend my in$urance coverage for reinspects.
Not a complaint yet.
David Banks
07-18-2008, 04:13 AM
It's all is how you explain it. If you just refuse to refuse and don't give the client any reason, then yeah, I can see how you can be viewed as difficult. My explanations to my clients are very clear:
1 - Get receipts from sellers from the professionals who did the work. No receipts mean the work should be considered suspect.
2 - There are things I can't see that may have needed to be done or were not done. You'd be paying me and all I can tell you is "Well, it looks ok". I don't want to waste your money when I can't tell you with 100% certainty the job was done properly.
3 - My E&O carrier does not extend my in$urance coverage for reinspects.
Not a complaint yet.
I am with Nick. As soon as you explain your E&O carrier does not cover you people understand.
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