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  1. #1
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    Default Inspection Report Verbiage

    Of all the inspection reports I've read over the years in performing litigation support this one leaps to the top as the dumbest and most inanely stupid I've ever seen and I thought I’d share it here.. He claimed his company’s report format and contract where written by an attorney, but I strongly suspect his E&O carrier will be soon writing a check for a considerable amount. The entire report was rife with errors, misspelled words and grammatical goofs.
    "While every attempt was made to provide users of our inspection report with the current condition of the home's readily observable systems and components ______ _______ Inspection Company does not express of imply any warranty at to the accuracy and/or reliability of the material contained herein due to either concealment or inability of the inspector to discover and report it."

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    Inspection Referral
    Jerry McCarthy
    Building Code/ Construction Consultant

  2. #2
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Jerry McCarthy View Post
    ... ______ _______ Inspection Company does not express of imply any warranty at to the accuracy and/or reliability of the material contained herein due to either concealment or inability of the inspector to discover and report it."
    In other words, he isn't responsible for his own incompetence. Sounds good to me. I'm including it in my report!

    "There is no exception to the rule that every rule has an exception." -James Thurber, writer and cartoonist (1894-1961)
    www.ArnoldHomeInspections.com

  3. #3
    A.D. Miller's Avatar
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by John Arnold View Post
    In other words, he isn't responsible for his own incompetence. Sounds good to me. I'm including it in my report!
    JA: I also like that a lot.


  4. #4
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    Default Re: Inspection Report Verbiage

    With that verbiage this is that same guy heading into the courtroom. Its also the only time you'll see a HI wearing a suit because he's now the defendant.

    rick

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    Default Re: Inspection Report Verbiage

    Just playing devil's advocate here.... When they say the "inspector's inability" it isn't automatically clear that it means his incompetence. Especially in that sentence with the word concealment. I'd take that to mean something he wasn't able to access, reach or see. Not that he was too dumb.

    All that being said, it's a poorly worded sentence and shouldn't be in there.


  6. #6
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Matt Fellman View Post
    All that being said, it's a poorly worded sentence and shouldn't be in there.

    And THAT, I believe, is what WC Jerry was pointing out.

    We all use disclaimers for 'hidden and concealed' items, you just don't want it to sound like you are excused because you *did not bother to look*.

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

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    Default Re: Inspection Report Verbiage

    "EXACTEMENT" Mr. Peck, and after incompetent inspections, report writing verbiage is the biggest root cause for HI litigation. Far too many folks believe a report writing system is the end-all for preparing and presenting professional inspection reports. However, as some wit said years ago when computers first appeared in our lives, "garbage in - garbage out." How so very true for our industry.

    Jerry McCarthy
    Building Code/ Construction Consultant

  8. #8
    Ted Menelly's Avatar
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Jerry Peck View Post
    And THAT, I believe, is what WC Jerry was pointing out.

    We all use disclaimers for 'hidden and concealed' items, you just don't want it to sound like you are excused because you *did not bother to look*.

    There is no reason for hidden and concealed items to have a disclaimer. If they are hidded and concealed as far as I am concerned they are innacessable. I use no disclaimers what so ever in my reports. I do not have a paragraph or 2 explaining away the fact I cannot see thru walls.

    I don't and have never understood disclaimers. You are in fact giving clients a reason to dig deaper because they think you are trying to hide or give reason for missing items. Don't give them a reason for thinking you are hiding behind disclaimers and the trust is more readily there. Give them a contract saying that they can only recover 1 or 2 times the inspection fee and they will go after you harder if they find something.

    Let them know and firmly believe that we are human and are only there to *REDUCE* there risk in the home buying process and they will never bother you over some trivial crap. Hide behind contracts and disclaimers and you are adding distrust and deceit to the inspection process (in their mind) Hide behind nothing, be real, honest, professional, dig for all the big items and uncover most if not all of the trivial crap and you will never be bothered. sleep thru an inspection and none of that will matter, they will get you and rightfully so.

    No professional is going to miss a bad roof, signs of foundation movement, age and operation of an HVAC system etc etc etc. The rest of the little garbage will more than likely all be picked up on but if you do miss a hole behind a door because you were distracted by the client nipping at you heals instead of showing up at the end where he belongs or something like that, the world will not fall apart and you will live till tomorrow.

    The only disclaimer you need is you did not get on the 14/12 roof that was three stories up and could only look at it thru binoculars.

    Piss a client off with stupidity or if you are stupid trying to convince them you are not with brilliant babble only showing your ignorance. Try and speak and word your findings in an overly intillectual manner instead of being short, direct and to the point and you just overstepped your bounds in communicating the concerns in an understandable fashion where all can interpret what you are trying to say.


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    Default Re: Inspection Report Verbiage

    "EXACTEMENT" Mr. Peck,

    Isn't that a typo, oops, guilty
    That's supposed to be
    exactamente!! senor peck


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    Default Re: Inspection Report Verbiage

    Ted, I beg to differ. There are times when disclaimers must be used in order to show why you didn’t check something that you would normally inspect. A utility is shut-off, the “fully packed” garage, any room stacked high with personal items or debris, “There’s a sleeping baby in that room, please don’t go in.” The attic with R-30 insulation, the foundation crawl space of “Mr. Pack-Rat’s” residence, etc….. After escrow closes and these folks have evacuated the home “stuff” is now visible and so why didn’t you see it and report it?

    Jerry McCarthy
    Building Code/ Construction Consultant

  11. #11
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Jerry McCarthy View Post
    Ted, I beg to differ. There are times when disclaimers must be used in order to show why you didn’t check something that you would normally inspect. A utility is shut-off, the “fully packed” garage, any room stacked high with personal items or debris, “There’s a sleeping baby in that room, please don’t go in.” The attic with R-30 insulation, the foundation crawl space of “Mr. Pack-Rat’s” residence, etc….. After escrow closes and these folks have evacuated the home “stuff” is now visible and so why didn’t you see it and report it?
    Most of that is covered in the state contract. As far as most of the rest of what you mentioned, well, of course, a very brief one liner for the baby sleeping in the right front bedroom. I was using the statement that I do not put disclaimers as in some reports I see with a paragraph or 2 under every single section. You don't need a paragraph to tell folks that you were asked not to go into a particular room for a baby sleeping.

    The vast amount of inspections do not have the sellers there. Almost all.

    I do not move furniture or owners belongings other than the above mentioned small items to get at a panel or water heater etc, disclaimer sure. Pretty brief and simple.

    I cannot see thru walls I cannot see thru rugs or concrete floors! I cannot see thru insulation! If they don't know that, well, bring it on.

    The insulation is a standard "I do not disturb the insulation other than gently walking thru it to inspect the rest of the attic as well as any low or inaccessible attic areas.

    I am sure you have seen plenty of reports where half if not most of the report is nothing but disclaimers.

    Sorry for the direct "I do not give disclaimers" I should have said and I think I alluded to massive ridiculous disclaimers.

    Oh yeah, I did mention roofs briefly as an example. That was meant to tell you or whom ever that there will be an occassional, brief disclaimer. As far as roofs we have to say where we inspected it from and why, same with attics or crawls. That is all part of the state standards. So in saying that it is throughout the report where folks are told certain things and I do not consider those outright insane disclaimers. They are general entries.


  12. #12
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    Default Re: Inspection Report Verbiage

    Most of that is covered in the state contract.
    TM: There is no state-prumlgated contract in Texas.

    The vast amount of inspections do not have the sellers there. Almost all.
    TM: This is BS. They are there about half the time that I am working.

    I am sure you have seen plenty of reports where half if not most of the report is nothing but disclaimers.
    TM: Telling clients what you do and do not inspect and why in the report is more important than collecting your check. If they understand, they may not sue you for not communicating these items. If they sue you, you just lost that check and several others to boot.

    Sorry for the direct "I do not give disclaimers" I should have said and I think I alluded to massive ridiculous disclaimers.
    TM: That statement is a disclaimer.

    Take another puff.


  13. #13
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by A.D. Miller View Post
    TM: There is no state-prumlgated contract in Texas.



    TM: This is BS. They are there about half the time that I am working.



    TM: Telling clients what you do and do not inspect and why in the report is more important than collecting your check. If they understand, they may not sue you for not communicating these items. If they sue you, you just lost that check and several others to boot.



    TM: That statement is a disclaimer.

    Take another puff.
    Aaron.....Seriously. After making that statment the other day I checked it out. It is up into the 90% range where the sellers are not there on my inspections. It is higher where the buyers only come in the end.

    As far as telling them What I inspect.....They see it in my report. They are all made fully aware of TREC standards before I am done with them. No I do not read the SOPs to them and never will. If you think for one minute I am going to write in my report ever item I inspect and what items I do not inspect would be insane. I know this because you are insane

    They have full access to the standards.

    Oh yeah. What do you call the front or first page of the TREC report. Pretty good explanation, yet brief, what a home inspection is an is not.

    Seriously Aaron. You do not tell them that you only did a random sample of receptacle outlets and did not test all the hold down screws on all the wire connections or you did not rip open the evaporator coil cabinet and destroy any seal that may have been present or did not check internally the disposal or dismantle all door hardware to see how much wear it has.

    Do you tell them that you do not do a circuit test from end to end for every switch and receptacle to see if the panel is marked correctly.
    Do you tell them that you checked the insulation from end to end on the service wires between the pole and meter?

    Obviously you know what I am saying about the book of disclaimers.

    Another thing I have observed on this site is the absolute horror most inspectors have about getting sued and brought to court. How are all of you handeling yourselves with buyers. What type of care do you folks take with a relationship with your clients. How many of you screen the wackos out before you book an inspection. How many of you book an inspection when all it seems they are concerned with is if you have "that kind of insurance" I give my clients a bnrief run down as in story mode abnout the foolish calls I get nine months after an inspection and there is water coming up thru a kitchen floor or 2 months after the inspection someone calls up saying their disposal stop working and I should have known it.

    You mentioned just very recently about being in control at the inspection. I for one am in complete control from booking to completion. Most either do not know what and how an inspection is to be handled. Most say they will call the agent to see if Friday is OK. I take that away from them nicely right off the bat. I tell them I can handle all the arrangements and they have to do nothing but show up in the end to go over MY findings and do a walk around. I never allow anyone to control me or think they are in charge of the inspection. I tell everyone of my clients, in a nice way, that I work for no one including them. That way, as I tell them, no one has any influence over the inspection or what I put into the report. They like that statement, always. They like the fact that no one will be interferring with the inspection because they want to know the concerns.

    As far as have another puff...................don't have any Maybe I should hang with you and east coast Jerry and then I could get all I want

    Like I told Mr Jerry M. Yes there are one liner disclaimers but certainly not a book.

    Oh yeah. One disclaimer that they are made seriously aware of at the inspection. When I walk out the door and turn the key, the home may settle and a crack show up, the air handler stop working, the water heater start leaking, their stove not come on. Yes they are made brutally aware that I inspected every item. When I was there it was working or not and the general condition of such.

    Man....Now I have a headache. Inspection today and tomorrow rescheduled and now I have to talk to you


  14. #14
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    Default Re: Inspection Report Verbiage

    Aaron.....Seriously. After making that statment the other day I checked it out. It is up into the 90% range where the sellers are not there on my inspections. It is higher where the buyers only come in the end.
    TM: Have you tried a new deodorant?

    I know this because you are insane
    TM: Send me a bill.

    Oh yeah. What do you call the front or first page of the TREC report.
    TM: Page 1?

    Pretty good explanation, yet brief, what a home inspection is an is not.
    "Pretty good" is the operative term here. I want "damned good".

    Seriously Aaron. You do not tell them that you only did a random sample of receptacle outlets and did not test all the hold down screws on all the wire connections or you did not rip open the evaporator coil cabinet and destroy any seal that may have been present or did not check internally the disposal or dismantle all door hardware to see how much wear it has.
    TM: Yes, I do.

    Do you tell them that you do not do a circuit test from end to end for every switch and receptacle to see if the panel is marked correctly.
    Do you tell them that you checked the insulation from end to end on the service wires between the pole and meter?
    TM: Those are over the top, even for me.

    Obviously you know what I am saying about the book of disclaimers.
    TM: Boilerplate is a necessary evil. It is everywhere. Pick up a bottle of aspirin, a package of Fritos, a cup of coffee from McDonald's, whatever. If everyone else finds it necessary, how then is it that you do not?

    Another thing I have observed on this site is the absolute horror most inspectors have about getting sued and brought to court.
    TM: It is a very real hazard in this business.

    How are all of you handeling yourselves with buyers. What type of care do you folks take with a relationship with your clients.
    TM: I don't go out to dinner with them, if that's what you mean.

    How many of you screen the wackos out before you book an inspection.
    TM: You can never catch them all.

    You mentioned just very recently about being in control at the inspection. I for one am in complete control from booking to completion.
    TM: Ted, take another one of your meds. You are NEVER in complete control of anything.

    As far as have another puff...................don't have any Maybe I should hang with you and east coast Jerry and then I could get all I want
    TM: Sounds like a plan.

    and now I have to talk to you
    TM: Admit it though, it helps to talk things out . . .


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    Default Re: Inspection Report Verbiage

    I'm not taking sides in this discussion, but I cannot seriously argue with any of Aaron's statements. One other observation; the people who usually sue the home inspector are the clients who did not attend the inspection. Managing expectations is the name of the game and yes, I do agree that inspection report disclaimers are way out of control with way too many inspectors, but we will keep working on that problem.

    Jerry McCarthy
    Building Code/ Construction Consultant

  16. #16
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Jerry McCarthy View Post
    I'm not taking sides in this discussion, but I cannot seriously argue with any of Aaron's statements. One other observation; the people who usually sue the home inspector are the clients who did not attend the inspection. Managing expectations is the name of the game and yes, I do agree that inspection report disclaimers are way out of control with way too many inspectors, but we will keep working on that problem.

    Yes managing their expectations is key. But in saying that, no matter what business you are in, managing your clients is absolute and then fulfill their expectations. This whole idea that the clients are better off being at an inspection is an item that is also way out of control. One will never convince me that having a housefull of people is more conducive to a better inspection.

    A mechanic is under a car or for that matter your head in an air handler or you are crawling around in a crawl space or trying to get a real good look at all the windows and having to talk away explaining your every action to someone that has no idea what you are doing is not conducive to a better inspection. It may be explaining your business to them but to you it is a distraction which is not good for you client. If they want to know your business then they should go to home ins;pectors school.

    You can manage their expectations and answer all there concerns and go over safety tips or maintenance items, when you are done with your inspection.

    Even Mister Aaron believes that multitasking while inspecting is certainly not more conducive to a better inspection. If they are just hanging out in the kitchen for hours on end while you are inspecting it is also doing nothing to manage their expectations or concerns or manage them for that matter.

    The client does not have to be there for you to answer there concerns. The client does not have to be there waiting for you to finish (that does them a lot of good). You manage your client before you even get to the inspection and then in the walk around in the end. In the meantime while you are at your inspection you can concentrate on what you are doing. Getting all the pictures you need. Remember everything you inspected get all your ducks in a row. Allow mom to do what ever she needs to do instead of being there waiting for you to finish. Let dad finish up his work or meetings or management of his men or what ever he has to do instead of tying them up all day for an inspection. If they are there the whole time you certainly are not doing the report on site so they are not getting it anyway. An item that many believe in is taking there pictures, notes, voice recordings and everything else home with them and then doing the report.

    I for one, and it seems only about a third or less inspectors do the inspection on site, do my inspection on site when ever possible (not all the time). The crime seen is the best place to answer any questions you may have for the crime. If you have questions, or wonder why you took a particular picture or just simply to take that second or third look at an item just to make sure you are reporting it right is priceless. You cannot put a dollar value on that. You cannot explain the importants great enough to make one understand if he already has been brain washed that it is not the way to do it and it cannot be as professional as if you were to go home and do it. I for one say bull!!!!!!!!!!!

    Report about something from a distance...........or report about something that is right under your nose................hmmmmmmmmmmm.....I choose to (when I can) to report about something that is tight under my big Italian nose.

    My philosophy is to ........mangage my client (from the hello on the phone)nicely..........manage their expectations........go over everything with them thoroughly after you complete your inspection....................let them have the time of going about their daily lives............give them a fixed time to meet you instead of interupting there entire day...........collect the money.............hand them cards and get more referrals

    I have handled business like that for 37 years (knock on my wooden head) and have yet to have any real or serious concern about anything.

    My personal belief is that the first thing I said about "manage your client starting at the hello on the phone", Is what people are not doing. If they were they would not be having so many problems or concerns.

    You know you are in for trouble when a Realtor tries to control the situation. Cut their legs off at the knees before it gets to that or the Realtor will be throwing doubt in the fire to your clients. Once your authority is challenged you must regain control or you might as well stay home because from that point on it is hopeless.

    As always. This is my opinion and view point. Some folks cannot get there head around things to do things like I do and have it work for them.

    If you are not in control of any given situation then someone else will be and then the problems roll in.

    Last edited by Ted Menelly; 06-21-2009 at 07:10 PM.

  17. #17
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    Cool learn from conflicts and update your contracts

    You should clearly define what you are inspecting and what is excluded. This includes levels or methods of access and inspection such as adjunctive equipment or instruments. Then, once your scope is clearly defined, you are accountable to that scope according to your local Standard of Care within your industry.
    The test is, what would a reasonable and prudent inspector observe and report under simillar circumstances? This does not mean you have to meet a Mil-Spec, issue a NIST certification or UL listing nor does it allow you to claim glaucoma or your stiff back from preventing accessing and visualizing something. If any reasonably physically capable inspector can get to it using the level of access defined or provided, then it should be reported.

    For instance, no inspector would be asked to access a 14/12 slate roof but if your contract with the client stipulates they will have a hydraulic lift platform sufficient to access all portions of the roof within X# of feet and you are being compensated for this additional level of access or adjuncts, then yes, you would be reponsible for conditions there. You would not be responsible for inaccessible areas such as an encapsulated attic unless they cut a suitable access hatch that you can reach with one of your ordinary ladders or they provide one to your specs.

    Regardless of such verbiage as in the OP, the ultimate test of course, is in court.

    You manage expectations by a comprehensive contract. Now, your contract should evolve. As you encounter situations or expectation conflicts, you should capture that info. then bake a resolution to it in your newly revised contract. For ex.- you get into a conflict over what was observable & reportable in an attic that, in your opinon, was not safe to walk on the joists through a sea of insulation( ex. 2x3 joists) so you couldn't get out to the edge where there was black stuff on the underside of the sheathing. If your present contract does not include a limit as to how far you can reasonably be expected to see things, then maybe you should state a limit. Would it have been acceptable to visualize the area using binoculars and a flashlight or similar adjuncts or not? Yes, it is a PIA but you must learn from conflicts to better protect yourself.

    Keep the fire in the fireplace.

  18. #18
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    Default Re: learn from conflicts and update your contracts

    For instance, no inspector would be asked to access a 14/12 slate roof
    BH: Actually, the Texas SOP requires inspectors to walk all roofs or to disclaim the reason for not doing so. Furthermore, the inspector must inform the client of this upon first contact.

    You manage expectations by a comprehensive contract.
    BH: Again, Texas SOP requires that statements of departure from SOP be in the report, not in the contract. Additionally, and perhaps more importantly, in order for a contract to achieve the level that you are aiming for, in might be longer than most courts would expect for the average person to actually read.


  19. #19
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    Default Re: Inspection Report Verbiage

    Seriously

    No access to a certain part of an attic. Hello

    There is no attic access panel or stairs to the third floor left rear bedroom. Obviously by having no access I can not give you any opinion what so ever of the condition of all materials and or systems at this time.. Access must be made for future inspection or to monitor this attic space for future framing concerns, water leaks etc etc. Or something to that affect and no I was not picking my words carefully for the example in this posting

    There are a thousand examples like that that fit certain citations. Again as I stated those are not disclaimers but just part of your findings you are reporting. As far as the roof thing....Yeah, what Aaron said. I even believe that to not be a disclaimer but just part of my findings at a particular inspection. The roof was to schtinking steap and to climb on it would be considered risking life and limb. I inspected the roofing materials and such from the eves or ground with binoculars etc etc etc. The word schtinking was for fun folks. Don't get excited and again just an example, reflecting on reality.


    That my friend is not a disclaimer but just part of your concerns found in the home at the time of inspection.

    If one is not sure what I mean by disclaimers at this point. Down load or view the vast amount of reports online. Two paragraphs of disclaimers for one sentence stating that no concerns with the particular item (s) were found at this time.

    Again. Manage your potential new clients. That is first and foremost for any type of field of work anyone does. Hide behind 30 pages of disclaimers and someone will dig until they believe they won to get you on something.

    No management= no control= no peace in life

    Last edited by Ted Menelly; 06-21-2009 at 07:33 PM.

  20. #20
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    Default Re: Inspection Report Verbiage

    Jerry McCarthy is dead-on, as is Aaron Miller.

    One thing to remember is to NEVER take anything for granted. Sellers are often present, and as far as I am concerned, I WANT the client there for the entire inspection. In the event of a lawsuit, having them present helps to bolster a recollection of the conditions of the property on the day of the inspection. Further, it often helps reinforce the reasons the inspector could not see something.

    To Jerry McCarthy's credit, he uses fewer disclaimers. Disclaimers are a useful tool. Sometimes, inspectors falsely believe that disclaimers will always save them. Unfortunately, this is not the case.

    And to anyone believing that when it comes to inspections, that things are the same universally, I remind them that licensed states operate differently, and in many states, inspections are like the wild, wild, west...

    Ted Menelly makes some generalizations. I wish some of it were applicable here NY, but it isnt.

    Finally, as to the evolution of your contract, and managing expectations... the reality is that your contract may not be enough to save you in the end. In fact, depending on the amount of fine print (literally) and amont of legalese (literally), your own terms and conditions may invaldate provisions of your contract. Indeed, the inspector is generally not at the same level of bargaining power as the client, and the client can claim duress. Additionally, the sophistication of the client may also be called into question.

    What I say is absolutely true. Have a reasonable contract, where expectations can be clearly managed. Communicate with your client. CYA. Write a decent report. Dont rely on your software to save you. In the end, it is often the RELATIONSHIP you build with the client during the inspection that can be your best defense.


  21. #21
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    Default Re: Inspection Report Verbiage

    Sometimes, inspectors falsely believe that disclaimers will always save them. Unfortunately, this is not the case.
    JF: Agreed.

    Ted Menelly makes some generalizations.
    JF: That is a foregone conclusion.

    Finally, as to the evolution of your contract, and managing expectations... the reality is that your contract may not be enough to save you in the end.
    JF: No truer words have been spoken.

    Have a reasonable contract, where expectations can be clearly managed. Communicate with your client. CYA. Write a decent report. Dont rely on your software to save you. In the end, it is often the RELATIONSHIP you build with the client during the inspection that can be your best defense.
    JF: And even when in full compliance with all of the above, you are still low-hanging fruit in a veritable field of harvesters.


  22. #22
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    Default Re: Inspection Report Verbiage

    On a related note: Do not assume that you are protected by the law. Apparently judges can do anything they want.
    In PA, we have a home inspection law that says the client has one year from the date the report is delivered to make a claim against the home inspector.
    I know a home inspector who was sued and the judge ignored the home inspection law and went instead with an older consumer protection law with a six year statute of limitations.

    "There is no exception to the rule that every rule has an exception." -James Thurber, writer and cartoonist (1894-1961)
    www.ArnoldHomeInspections.com

  23. #23
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    Default Re: Inspection Report Verbiage

    Do not assume that you are protected by the law.
    JA: Correct. It is not there for your protection.

    Apparently judges can do anything they want.
    JA: Correct again.

    the judge ignored the home inspection law
    JA: That is their prerogative.


  24. #24
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    Default Re: Inspection Report Verbiage

    Judges can do anything they want? Nonsense.

    And if that is the case there is the appeal procedure based on error in law, fact or both or procedure.

    Do you not have examination for discovery prior to trial?


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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Raymond Wand View Post
    Judges can do anything they want? Nonsense.

    And if that is the case there is the appeal procedure based on error in law, fact or both or procedure.
    Yes, it can be appealed. It just cost more money.

    Do you not have examination for discovery prior to trial?
    Discovery takes place outside of the courtroom, it really has nothing to do with the judge unless it is not done properly. This just allows the plaintiff and the defendant to discover what evidence, documents, photos, etc the other side has. If it is discoverable it must be shared.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  26. #26
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    Quote Originally Posted by Scott Patterson View Post
    Yes, it can be appealed. It just cost more money.


    Discovery takes place outside of the courtroom, it really has nothing to do with the judge unless it is not done properly. This just allows the plaintiff and the defendant to discover what evidence, documents, photos, etc the other side has. If it is discoverable it must be shared.
    SP: Thanks for helping RW straighten his thinking cap.


  27. #27
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    AD

    I sometimes wonder with your off the wall comments if you even have a head to wear a cap.

    Without the particulars of the case which neither of us have your simplistic answers are irrelevant.


  28. #28
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    Quote Originally Posted by Raymond Wand View Post
    AD

    I sometimes wonder with your off the wall comments if you even have a head to wear a cap.

    Without the particulars of the case which neither of us have your simplistic answers are irrelevant.
    RW: Perhaps the case is as simple as you not having much experience in the legal arena, or maybe the Canucks have a completely different justice system than their poor relatives to the immediate south.

    In either event, and the particulars of any case notwithstanding, justice is not just, much of the law should not be (and often is not) legal, and your ass is exposed - both cheeks - always.


  29. #29
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    Default Re: Inspection Report Verbiage

    A.D. Miller;102075]RW: Perhaps the case is as simple as you not having much experience in the legal arena, or maybe the Canucks have a completely different justice system than their poor relatives to the immediate south.
    Its quite clear who has the experience in the legal arena, and a usual you talk a great deal but eagerly respond with a put down. Perhaps this explains your need to be the centre of attention.


  30. #30
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    Quote Originally Posted by Raymond Wand View Post
    Its quite clear who has the experience in the legal arena, and a usual you talk a great deal but eagerly respond with a put down. Perhaps this explains your need to be the centre of attention.
    RW: If I am the center of your attention, perhaps professional counseling is in order for you . . .


  31. #31
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    Stop acting as the insolent child you are, its not becoming and you are a bore!


  32. #32
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    you are a bore
    RW: And yet, you continue to respond in kind.


  33. #33
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    AD

    Lets get something straight, you continually have a deep seated need to come off as some superior arse who clearly likes to be taken as correct. But from what I see there is not much substance to anything you say. I am not going to sit here and be talked down to by the likes of you via your snide remarks. I am an easy person to get along with, but if you have a problem with someone who you think is smarter than you then thats your problem not mine.


  34. #34
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    Quote Originally Posted by Raymond Wand View Post
    AD

    Lets get something straight, you continually have a deep seated need to come off as some superior arse who clearly likes to be taken as correct. But from what I see there is not much substance to anything you say. I am not going to sit here and be talked down to by the likes of you via your snide remarks. I am an easy person to get along with, but if you have a problem with someone who you think is smarter than you then thats your problem not mine.
    RW: Perhaps it is you who has the limp (wet)ware and the subsequent need to "get something straight", not I.

    You need not sit there and take it. DFW aiport accepts flights from all sorts of places - even Canada.

    Ya'll come.


  35. #35
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    Quote Originally Posted by A.D. Miller View Post
    RW: Perhaps it is you who has the limp (wet)ware and the subsequent need to "get something straight", not I.

    You need not sit there and take it. DFW aiport accepts flights from all sorts of places - even Canada.

    Ya'll come.
    Oooooo a veiled threat. That about sums up your capabilities you redneck.


  36. #36
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    Quote Originally Posted by Raymond Wand View Post
    Oooooo a veiled threat. That about sums up your capabilities you redneck.
    RW: No threats here RW. It has just been my experience that folks tend to communicate more accurately face-to-face unencumbered by the relative anonymity of this interface.

    No person who has ever met me would categorize me as a redneck. If I were a redneck though, I would be your worst nightmare: someone more intelligent and resourceful than you with a house full of guns and a burning need to use them.


  37. #37
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by A.D. Miller View Post
    RW: No threats here RW. It has just been my experience that folks tend to communicate more accurately face-to-face unencumbered by the relative anonymity of this interface.

    No person who has ever met me would categorize me as a redneck. If I were a redneck though, I would be your worst nightmare: someone more intelligent and resourceful than you with a house full of guns and a burning need to use them.
    You are killing me Aaron

    Sometimes I agree completely with what you might have to say.

    Sometimes I think you are a complete ass.

    Sometimes I don't aggree and might, I did say might, agree that what you are saying might have substance and I MIGHT change my thought on the subject matter.

    As far as this post I think it is a day maker and will have a smile on my face for the rest of the day.


  38. #38
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by A.D. Miller View Post
    RW: No threats here RW. It has just been my experience that folks tend to communicate more accurately face-to-face unencumbered by the relative anonymity of this interface.

    No person who has ever met me would categorize me as a redneck. If I were a redneck though, I would be your worst nightmare: someone more intelligent and resourceful than you with a house full of guns and a burning need to use them.
    Your standard of care in your replies seems to be waning. Thank you for exposing yourself for what you are - a REDNECK. Make sure when cleaning your gun it's pointed away from your testicles, less you accidentally neuter yourself, not that there is much to be neutered.


  39. #39
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    Sometimes I agree completely with what you might have to say.

    Sometimes I think you are a complete ass.
    TM: That mantra is constantly in the back of my mind.


  40. #40
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by Raymond Wand View Post
    Your standard of care in your replies seems to be waning. Thank you for exposing yourself for what you are - a REDNECK. Make sure when cleaning your gun it's pointed away from your testicles, less you accidentally neuter yourself, not that there is much to be neutered.
    RW: If I were indeed "warning" you about this or that - which I would never do due to it being a complete waste of time - you would be the first to know about it. It would be clear enough for you to see from afar.

    You certainly have my permission to continue on in your fantasy world where the "rednecks" are out to get you, when in fact they would not have far to go.


  41. #41
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    Default Re: Inspection Report Verbiage

    Quote Originally Posted by A.D. Miller View Post
    RW: If I were indeed "warning" you about this or that - which I would never do due to it being a complete waste of time - you would be the first to know about it. It would be clear enough for you to see from afar.

    You certainly have my permission to continue on in your fantasy world where the "rednecks" are out to get you, when in fact they would not have far to go.
    Fantasy world? You are a legend in your own mind. I have nothing to fear if you are representative of a REDNECK unsophisticated except for a vocabulary which isn't serving you all that well and who has to revert to gutter tactics and the need to suggest a gun to settle a score!

    Bang, bang.

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  42. #42
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    Quote Originally Posted by Raymond Wand View Post
    Fantasy world? You are a legend in your own mind. I have nothing to fear if you are representative of a REDNECK unsophisticated except for a vocabulary which isn't serving you all that well and who has to revert to gutter tactics and the need to suggest a gun to settle a score!

    Bang, bang.
    Hey baby, hand me down my flyswatter, will ya' ?


  43. #43
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    Default Re: Inspection Report Verbiage

    Thanks wanker your immaturity is appreciated I knew you wouldn't be able to respond properly without reverting to your juvenile hallmarks. Remember not to put your false teeth in backwards, I wouldn't want you to eat out half your head!


  44. #44
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    Quote Originally Posted by Raymond Wand View Post
    Thanks wanker your immaturity is appreciated I knew you wouldn't be able to respond properly without reverting to your juvenile hallmarks. Remember not to put your false teeth in backwards, I wouldn't want you to eat out half your head!
    RW: Chill, will you?


  45. #45
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    Default Re: Inspection Report Verbiage

    Please take your name calling offline.

    "The Code is not a peak to reach but a foundation to build from."

  46. #46
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    Default Re: Inspection Report Verbiage

    This is a Great Discussion.

    What is it missing?

    Maybe some examples of what can be agreed on as a well - written report??

    Why not?

    I really enjoyed reading the post, and would further more enjoy viewing a well written report.

    I'm not sure that I've read one that was a well balanced read (my own inc). And wasn't either a sleeping pill or way too vague.

    Prove me wrong :-)

    I think some of my past faves were the old Matrix Forms and Report Host. Too bad I have to pay every time...

    Tim


  47. #47
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    Default Re: Inspection Report Verbiage

    ASHI The Standards of Practice and Code of Ethics of the American Society of Home Inspectors

    13. GENERAL LIMITATIONS AND EXCLUSIONS
    13.1 General limitations:
    A. The inspector is NOT required to perform any action or make any determination not specifically stated in these Standards of Practice.

    B. Inspections performed in accordance with these Standards of Practice:
    1. are not technically exhaustive.
    2. are not required to identify concealed conditions, latent defects, or consequential damage(s).

    C. These Standards of Practice are applicable to buildings with four or fewer dwelling units and their garages or carports.


    NAHI Standard of Care for the Home Inspection Profession

    Page 26

    COMPONENTS FOR INSPECTION

    Exclusions and limitations
    26. Report on or find latent, hidden and concealed defects or deficiencies.

    Charles @ PreVue Property Inspections, Santa Fe, NM
    http://www.prevuepropertyinspections.com/
    "How can someone with glasses so thick be so stupid?"

  48. #48
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    Default Re: Inspection Report Verbiage

    Hi, all &

    Well - Have to agree with Jerry M. & Joseph - to some extent at least (recall one bedroom "...please don't go in there - sleeping baby..." which had not only the attic entrance, but also the elect. service panel AND crawlspace enterance)...

    Basically stood there asking /thinking "what can I do now?" & Clients were as dumbfounded.

    Stating your limitations - with justification - is OK by me !

    -Glenn Duxbury, CHI

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