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  1. #1
    Ron Bishop's Avatar
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    Default transmission lines

    does anyone use disclaimers for power transmission lines that are in the vicinity of homes?

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  2. #2
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    Default Re: transmission lines

    Always point out the obvious, some people do not see the obvious until after they move in.

    Some people are concerned about the ELF-EMF produced by power lines, most people are not.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  3. #3
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    Default Re: transmission lines

    Yes point it out. Add links to the report that will allow them to make an educated decision on their own, not just according to what you tell them.
    That is the beauty of the internet.


  4. #4
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    Default Re: transmission lines

    Quote Originally Posted by wayne soper View Post
    Yes point it out. Add links to the report that will allow them to make an educated decision on their own, not just according to what you tell them.
    That is the beauty of the internet.
    The problem with putting links in for something like that is that you tend to bias the links toward your own way of thinking pro or con.

    I point it out, put it in the report, and tell them (verbally and in the report) that 'some people have concerns about power lines and some people do not'.

    That leaves it entirely up to them. If they already have concerns about power lines, it is their responsibility to act on those concerns, if they do not, that is also their responsibility.

    If they ask 'what concerns', that is when I tell them to do a search on the internet and they should find plenty of reading from people on both sides of the issue. When they ask 'What's it suppose to do or cause', I then answer 'Depends on who you believe'. I leave it entirely to them to 'be concerned or not concerned'.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  5. #5
    Ted Menelly's Avatar
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    Default Re: transmission lines

    Nope, never had and never will. I do not see that in the slightest any of my concern. If they cannot see they are moving in under or next to the power lines and if or, maybe might not have any affect on them is m ore of none of my business and will not speculate on the matter or turn them toward links that I consider speculation.

    Just me and my opinion.

    I also do not tell them they are moving behind a fire station or some sort of treatment plant or next to a river or stream that may or may not flood them out once every 200 years.

    I also do not point out that I think a neighborhood has a bunch (of what I think) drug dealers or punks which is far more harmful than a near by power line.

    The home and land the home sits on is all I am there to inspect and am not going to get into any other what ifs and what fors.


  6. #6
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    Default Re: transmission lines

    Should we also warn the clients about the fat content of the Quarter Pounder at the McDonalds in the neighborhood? Or the pot hole in the street a block away? Or that the new neighbor kids are allowed to watch R-rated movies?


  7. #7
    Darrel Hood's Avatar
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    Default Re: transmission lines

    Ted is right. A home inspector's area of contractual responsibility should not include the home's location.

    Darrel Hood
    DILIGENT PROPERTY SERVICES


  8. #8
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    Default Re: transmission lines

    Quote Originally Posted by Darrel Hood View Post
    Ted is right. A home inspector's area of contractual responsibility should not include the home's location.

    Darrel Hood
    DILIGENT PROPERTY SERVICES
    So, if the house is setting on the edge of a landfill and you can hardly stand the stench, you will say nothing?

    Or if the house sets next to a modern day Love Canal, you will say nothing?

    Or if the neighbor's yard is dumping raw sewage into the canal or pond behind the property, you will say nothing?

    The list is endless.

    Conversely, I'm guessing that you DO say 'This sure is convenient to ... ', fill in whatever sports stadium, recreational spot, beach, etc., you want.

    If you give the positives without giving the negatives you will be, should be, on the short list which includes the agents and brokers - it is THEIR JOB to SELL, not yours, it is YOUR JOB to report what AFFECTS the house, which just may include what is nearby.

    Here is another example: The house next door was lost to a sink hole, you don't mention that either, do you???? Yeah, right, it's probably the first thing out of your mouth 'Oh my gawd, you see that house next door?' - selective reporting is what that is called and could get you into trouble.

    It IS your inspection, but it IS for YOUR CLIENT'S best interest too.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  9. #9
    Ted Menelly's Avatar
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    Default Re: transmission lines

    Quote Originally Posted by Jerry Peck View Post
    So, if the house is setting on the edge of a landfill and you can hardly stand the stench, you will say nothing?

    Or if the house sets next to a modern day Love Canal, you will say nothing?

    Or if the neighbor's yard is dumping raw sewage into the canal or pond behind the property, you will say nothing?

    The list is endless.

    Conversely, I'm guessing that you DO say 'This sure is convenient to ... ', fill in whatever sports stadium, recreational spot, beach, etc., you want.

    If you give the positives without giving the negatives you will be, should be, on the short list which includes the agents and brokers - it is THEIR JOB to SELL, not yours, it is YOUR JOB to report what AFFECTS the house, which just may include what is nearby.

    Here is another example: The house next door was lost to a sink hole, you don't mention that either, do you???? Yeah, right, it's probably the first thing out of your mouth 'Oh my gawd, you see that house next door?' - selective reporting is what that is called and could get you into trouble.

    It IS your inspection, but it IS for YOUR CLIENT'S best interest too.
    Jerry

    Why would you think it is our job to do an area study.

    A sink hole next store. If they did not see that then they have no right trying to decide where to buy a home.

    Edge of a land fill. Well, if they don't see that moster pile of dirt behind there home as big as a small mountain and smell the stench.....smae thing.

    You call it selective reporting. Why on earth would you possibly say that. We did not hunt down the neighberhood. We did not scan the streets to see what kind of rif raf lives in it. We are not there to test the water in the pond out back.

    Sorry Jerry. I agree with a lot of what you have to say about many subjects but this one I think you are way off base. Again. They chose the area. They chose the schools. They can see the hill billies next door and the broken down car leaking oul all over the ground. The can see the landfill. They chose to by a home that the government listed as a hazardous waiste site like lov canal. They drove down the same road you did and had to dodge the 2 foot deep pot holes in the road as well as not hitting the guys in the middle of the road doing a drug deal.

    It is not our social responcibility to judge on anywhere someone else chooses to live. They are grown ups and should do there own research.

    Now if you want to talk about the neighbors yard draining all the water from their back yard to yours then you have an A+ for telling them that because you should.

    Is the front yard pitch from the road all the way to the home and when it rains the water fills the home up a couple inches because the bottom of the walls are rotted out. There is a 2 inch gap under the front door to let that water in. The front patio has 2 inches of mud sitting on it from the front yard washout. Or if the neighbor to the rights lot is much higher and there driveway is getting washed out under it and a large portion of the neighb ors driveway is about to slide into your client front yard, then yes, all that should be mentioned.

    The rest Jerry is absolutely none of our business. Trained or untrained eyes for what the neighborhood is all about or if the power lines run just behind the back yard or if the train track are 20 feet behind the property line and there is a crossing just befor the clients new home etc etc etc etc. Is none of our business and we should not be in the business to tell clients that the landing pattern for the local airport is directly over their new home and the subway runs under their home and the home rattles everytime it does run under it.

    Nope, not our business. The property we are inspecting is our business.


  10. #10
    Darrel Hood's Avatar
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    Default Re: transmission lines

    Jerry,
    Ted responded quicker than me and, I almost completely agree with him on this one.

    You "guessed" about my reporting. I am very conscientious about not "selling" the property. You are right in saying marketing is the realtor's role, not mine. I don't call the property a paradise, nor do I call it dozer bait. I describe what I see and give opinions based on my observations of the property.

    Location selection is, in my opinion, the joint responsibility of the buyer and the realtor. I frequently do not know why the buyer is buying the house. They may be the owner of the stinking landfill next door and want the house to support the business in some way. I don't know and I don't assume. I certainly do not know the buyer's opinion of power lines.

    The original question in this thread asked if anyone disclaimed power transmission lines as shown in the picture. I don't.

    Darrel Hood
    DILIGENT PROPERTY SERVICES


  11. #11
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    Default Re: transmission lines

    Quote Originally Posted by Ted Menelly View Post
    Why would you think it is our job to do an area study.
    It's not "an area study", it is simply reporting what is obvious.

    Hopefully you will not get sued someday for not including it.

    Cheers.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  12. #12
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    Default Re: transmission lines

    Quote Originally Posted by Darrel Hood View Post
    The original question in this thread asked if anyone disclaimed power transmission lines as shown in the picture. I don't.
    You don't disclaim them, fine and well.

    And I said that I pointed them out to my clients and let them decide. That is also fine and well.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  13. #13
    Darrel Hood's Avatar
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    Default Re: transmission lines

    Jerry,
    I agree that either decision is OK. As far as getting sued, in today's litigious environment, we must all make business decisions without knowing where the line is drawn on some topics. The decision is not whether to accept risk, it's there. The decision is what to do or how far to go to attempt to limit risk.

    Darrel Hood
    DILIGENT PROPERTY SERVICES


  14. #14
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    Default Re: transmission lines

    Quote Originally Posted by Darrel Hood View Post
    The decision is what to do or how far to go to attempt to limit risk.

    I agree, taking the 2 seconds to point out the obvious is a great way of mitigating that risk.

    If that is not worth 2 seconds or your time, or Ted's time, that is your decision (and Ted's), so be it.

    2 seconds x 300 inspections per year = 600 seconds / 60 = 10 minutes PER YEAR, if that is not worth it, your call

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  15. #15
    Darrel Hood's Avatar
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    Default Re: transmission lines

    Jerry,
    I realize that to talk about litigation, one must use extreme examples. Please, recognize that is what I am about to do. It is just the only quick, short way to illustrate my concern about this issue.

    Scenario: I make a statement advising the client there are power transmission lines near the property as stated in the first post.

    The client walks away from the deal because of this.

    The seller sues me for spoiling the deal.

    The seller's attorney challenges me to (1) define "near" and to (2) prove that power lines are detrimental and (3) that the presence of power lines is within the scope of a home inspection.

    (1) Even if I spent the time to measure the distance to the power lines, what is the standard for "near"?
    (2) How do I prove something that is in fact a controversy.
    (3) My state's SOP does not address power lines.

    It seems to me I get sued no matter which decision I make.

    Darrel Hood
    DILIGENT PROPERTY SERVICES


  16. #16
    Ted Menelly's Avatar
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    Default Re: transmission lines

    Quote Originally Posted by Jerry Peck View Post
    I agree, taking the 2 seconds to point out the obvious is a great way of mitigating that risk.

    If that is not worth 2 seconds or your time, or Ted's time, that is your decision (and Ted's), so be it.

    2 seconds x 300 inspections per year = 600 seconds / 60 = 10 minutes PER YEAR, if that is not worth it, your call

    Jerry

    I did say I understand where you are coming from. I also said that they are grown ups and are responsible for their decisions as to where they wish to move.

    If you are talking about general chit chat, well, I have that all the time with my clients and depending on the subject I may or may not contribute my opinion. But, in saying that, no one, and I mean no one can point out every safety hazard in and around ones home. God forbid you point out power lines and get into all that and provide links but did not look into the neighbors yard and plainly see that it is a bomb making factory and you did not disclose that because when you were on the roof you entire being was involved with inspecting that roof. You just cannot name it all and if it has nothing to do with what I am inspecting like live wires laying across there yard the neighbors run off coming into their yard or the driveway falling into their yard it simply and quite rightfully and righteously does not go into the report.

    The what ifs from the neighborhood just do not fall into play on my report.

    Oh yeah. Will those power lines actually have any effect on those buyers or the folks already living in those homes???????

    Why would I bring it up. They already saw them. If they are concerned and ask me about them I would refer or should I say direct them toward a particular type of survey and inspection that I do not get involved in.

    Well Ted. What do you think about those power lines out back? Well Mr buyer, what do you mean, "think about them"? Do you think I should be concerned. Hm, Mr buyer, did you not already check that out? Well, not really. Well you dumb ****, if you are concerned about them don't you think you would have done some investigating before you went this far and had an inspection on a home that you are not even sure yet that you would want to buy ????????????

    Sorry Mr foolish home buyer. I really do not have an opinion. That is not my field or scope of work. I am sure at this late date you could still search the Internet (after all, that is where you found me)

    What do you think about the guys that look like they are dealing drugs down the street? Oh, I did see them and I was just wondering if they had any good **** for sale. I was going to stop and ask them how often they deal drugs in this neighborhood but I was running a little behind getting her. I might have been able to use some of what they were selling to give me a little boost to make UP FOR ALL THE LOST TIME TALKING TO YOU ABOUT STUPID ****.

    a LITTLE EXAGERATION THERE BUT i AM SURE YOU SEE MY SID E OF THE DISCUSSION OF WHAT IS ABSOLUTELY NONE OF MY CONCERN AND IT CERTAINLY WOULD NOT GO IN MY REOPRT.

    Sorry for the caps. Hit the button while punching this out.

    Just my friendly opinion and I hope will be many inspectors opinion to not get involved with things outside the scope of their inspections.

    After all. The bag of pills I saw getting passed to the other guy may have been over the counter pain killer or what ever and the guy was just giving the other guy money to pay for half the bottle they split up.

    Sorry. I could not help it.


  17. #17
    Christopher Gorton's Avatar
    Christopher Gorton Guest

    Default Re: transmission lines

    Ron, your very question indicates that you have some concern about living near high voltage power lines and have some research and background to make a recommendation.
    What I know is that every house has lower voltage wires that we all live close to inside the house and at some distance from the large towers in the back yard the strengths are equal or less than the ones inside the house. I don't know of any study group that has the funding, the technical equipment and the liability insurance to be able to say what that safe distance is.
    The power lines field strength decreases exponentially the farther away you get.
    Why not just state the distance to the power lines?
    The client could be buying this from out of town or if not have probably seen them anyway.
    Radon producing counter tops a deal killer? I think you follow the same thought process for both issues.


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