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Old 07-15-2008, 02:25 PM
Lee Nettnin's Avatar
Lee Nettnin Lee Nettnin is offline
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Re-inspection wording
I am sure many of you have done re-inspections. I got a call today from an inspection I did about 2 months ago. My client does not think that the attic insulation and the lack of baffles was completed by the past owners (my client bought the house). I get the impression that his attorney will be getting involved. My client will want a report from me and of course I will report what I find. My question is how do any of you usually handle that type of report? My reports are usually broken down by each room. Would it be wise to just state that the problems still exist or just do an inspection on the attic and attach it to my original findings.
Thanks for any advise.
Lee
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Old 07-15-2008, 03:01 PM
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Jerry McCarthy Jerry McCarthy is offline
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Re: Re-inspection wording
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.
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Old 07-15-2008, 03:07 PM
Mitchell Meeks Mitchell Meeks is online now
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Re: Re-inspection wording
Why not just call it like a new inspection with a disclaimer as to the actual work practices since you have already inspected it before?
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Old 07-15-2008, 03:12 PM
Chris Bernhardt Chris Bernhardt is offline
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Re: Re-inspection wording
Hi Lee,

What I do is follow their repair addendum or whatever document they used to ask the seller to perform repairs.

I read it carefully!

In responding to it I write the report as a letter. I list the items that the buyer asked the seller to repair followed by my commentary of any items that I felt were still messed up.

If you're concerned about liability then write a preamble limiting, disclaiming and disclosing, yada yada yada and then address each item of the inspection and describe what you found with narrative and pics if you like, and give your ok or make a recommendation for further action.

Incidently, further action is almost always what you recommended to be done in the first place in your original report like, "fasten the dam toilet firmly to the floor."

Check the rules and regs in your area first and ensure you're in compliance with whatever method of reporting you decide to use.

Chris, Oregon
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Old 07-15-2008, 03:25 PM
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Lee Nettnin Lee Nettnin is offline
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Re: Re-inspection wording
Chris,
Thanks, I will ask to see if they have a repair addendum, I did not think of that. I am not concerned about liability, the client just wants to know if the attic work was done. He said it did not look like anyone even went up in the attic. What you have outlined is exactly what I wanted to know.
Thanks, Lee
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Old 07-15-2008, 03:44 PM
Dan Blanchard Dan Blanchard is offline
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Re: Re-inspection wording
Jerry, How do you handle or side step a request for a re-inspection? You get a call from previous client, Jerry the repairs you recommend will be completed Tuesday; I need to get scheduled for a re-inspection. How do you handle that? Handy Man At Your Soivice may have just got under there and laid down for an hour where its cool. That 60 year old lady is counting on you to get back in the crawl and/or attic and see if those repairs were even made.
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Old 07-15-2008, 04:25 PM
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Jerry McCarthy Jerry McCarthy is offline
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Re: Re-inspection wording
Dan
I've copied and pasted Dave's complete reply to your question. I also fully subscribe to it. I also worry about inspectors who say they're not worried about the liability attached to performing re-inspections. The "Last Man In" syndrome has prevailed since the first home inspection was conducted.
WC Jerry


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.
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Old 07-16-2008, 04:13 PM
Markus Keller Markus Keller is offline
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Re: Re-inspection wording
Lee, what you have described is not an HI. To me it is a 'specified system inspection'. I would contract it under a consulting contract, not an HI contract. You can do the inspection, document conditions and report. I would also not consider it (nor do it as) a re-inspection since ownership has changed hands.
If you think it is going to litigation, only do the inspection if you can handle that sort of scenario. Such as being confident that you can provide manuf doc's proving your positions and handle being grilled by opposing counsel.
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Old 07-16-2008, 06:08 PM
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Eric Barker Eric Barker is offline
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Re: Re-inspection wording
Lee,

If it were me, I'd have no clue what the attic looked like two months ago - no way is my memory that good. Rather then trying to compare then and now I'd just write on what's "now". My approach would be to simply put my observations on a letterhead and state as to whether I thought it looked good or not. My insurance carrier considers my re-inspections to be covered by the initial contract.

Sounds like someone dropped the ball in getting documentation from the seller as to what was done prior to closing. But that would not be my concern nor would I want to be involved with such a situation.
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Old 07-17-2008, 08:04 PM
Trent Tarter Trent Tarter is offline
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Re: Re-inspection wording
My re-inspections are a simple pdf word document of items that were repaired. I state the original commnet or concern in the report and say if it has been repaired adequately. Here is my re-inspection policy.

XXX Home Inspection Re-inspection Policy: XXX Home Inspection offers re-inspections for items that have been repaired, replaced, or corrected. We recommend that all work be done by licensed contractors that can be held accountable for there work. XXX Home Inspection does not guarantee any repairs or corrected items.

If you can get away from doing re-inspections in your area, I would recommend it. Re-inspection fees are usually low and most times the repairs have not been made or have been done incorrectly.
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Old 07-17-2008, 08:22 PM
Jim Luttrall Jim Luttrall is offline
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Re: Re-inspection wording
Quote:
Re-inspection fees are usually low and most times the repairs have not been made or have been done incorrectly.
Very true, most of the time there is at least some problem with the repair.
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Old 07-18-2008, 03:30 PM
William Brady William Brady is offline
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Re: Re-inspection wording
This is a timely post for me and my business. After an inspection I get an email saying the work on the roof is done when can you go back to look at it? I know that the Realtor has something to do with the request and now I have the task of explaining that re inspections are not a part of my original service. I don't have a problem say that the problem comes in when I find myself in the middle between the contractor and the buyer. Lots of new home inspection turn into this. I have Realtor representing to the builder calling me complaining why I don't like the roof and the fix that was done after the report. Now the buyer wants the deal to close the builder wants his money and I'm getting punched on both sides of my face. I altered my pre inspection agreement stating that re inspection are not part of the home inspection. Buy the way did I mention that no one every thinks a re inspection will cost them more. I like what someone said about the Dr and the specialist. I will be using that one in the future. I don't like doing re inspection it always feels like a lawyer is looking over my shoulder.
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Old 07-18-2008, 04:56 PM
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Jerry McCarthy Jerry McCarthy is offline
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Re: Re-inspection wording
I'm posting below the language from CAR's (California Association of Realtors) sales contracts regarding repairs/replacements. Both contracts are basic throughout CA and either one is used which truly takes care of any responsibility of a home inspector being "required" or even asked to go back and bless somebody's corrective work. I suggest all home inspectors check their state's RE sales contracts for similar language.

CALIFORNIA ASSOCIATION OF REALTORS® Residential Purchase Agreement
Form RPA-CA (revised 10/02
10. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller’s expense may be performed by Seller or through others, provided that the work complies with applicable Law, including government permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of receipts and statements to Buyer prior to final verification of condition.

CAR CONTRACT – RPA-CA, page 4: Item 10. Repairs:Any repairs, including those under the pest control paragraph or any repairs agreed upon by the seller are to be done with permits and in compliance with building codes and completed before buyer’s final verification of condition. Work performed at the seller’s expense may be performed by the seller. The buyer is given permission to enter the property for work to be performed at the buyer’s expense. The seller is required to get receipts and provide them to the buyer.

PRDS* REAL ESTATE PURCHASE AGREEMENT
(THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. READ IT CAREFULLY)
12 – A. Condition of Specified Systems of the Property: (1) Roof/skylights (not including gutters) shall be free of leaks; (2) Built-in appliances, plumbing, heating, air conditioning, electrical, solar, security/alarm, water, sprinkler, sewer/septic, and pool/spa systems, if any, shall be operative (“operative” shall mean that the appliance or system meets its basic intended function but may not operate as if new or satisfy current building codes); (3) Plumbing systems, shower pans, and shower enclosures shall be free of leaks; (4) Chimney and fireplaces, including dampers, shall be operative and free of structural defects; (5) All broken or cracked glass (excluding seal-failure of multi-paned window/skylights shall be replaced.
[B & C not significant to Home Inspectors]
13. REPAIRS/WALK-THROGH INSPECTION: All repairs shall be made prior to Close of Escrow by a licensed contractor, using materials of comparable quality (subject to local ordinances), done in a workmanlike manner and in compliance with all applicable building codes and permit requirements. Buyer shall be entitled to a “walk-through” inspection of the property prior to Close of Escrow, not as a contingency of sale, but solely to confirm that all repairs have been completed and that the Property, including landscaping, is in the same general conditions the date of acceptance.
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Old 07-19-2008, 06:13 AM
Russel Ray Russel Ray is offline
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Re: Re-inspection wording
Quote:
Originally Posted by Jerry McCarthy View Post
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.
One fallacy in that argument is when one's business gets large enough that one is doing inspections on brand new homes where the home was built without one's oversight.

Another fallacy is when one's business gets large enough that one inspects a home on July 1, it falls out of escrow, the second set of buyers see the first home inspection report and call the same home inspector out to do a second inspection on the same home, albeit for different buyers, on August 1. Is one truly "blessing" the repairs/modifications then?

Another fallacy is when one is simply a home inspector! I don't do draw or phase inspections, so I never ever have the opportunity to see the house being built, yet there I am out there telling my Clients that this is good, that's not so good, that's okay but not the best, wow look at that. Etc.

Makes absolutely no sense to me why one would not help one's Clients by doing re-inspections.

About 25% of my business includes re-inspections, and I charge half the cost of the original inspection to go back out there and make sure that the repairs were done properly, and, in some cases, were dont at all.

We all know that those plumbers and electricians make mistakes, so who best to go back out there and inform one's Clients that, ooops, the plumber did, indeed, put a TPR drain pipe on that ol' water heater, but gosh darn it, the pipe is supposed to go down, not up? I think it's me! No one else is going to do it.

We also know that sellers are allowed to do work on their own property, so it might not even have been the plumber who put the TPR drain pipe on the water heater. It might have been the home owner. I'm still the best person to look after my Client's interests by going back out there and informing one's Clients that, ooops, the plumber did, indeed, put a TPR drain pipe on that ol' water heater, but gosh darn it, the pipe is supposed to go down, not up.


I'll even go "back out" and do a "re-inspection" on a property for which someone else did the home inspection, am I now blessing the repairs/modifications, or am I simply being a home inspector?

To do re-inspections requires a serious commitment to helping people in all circumstances, and one of those circumstances is when the Seller claims to have made repairs, or to have had repairs made.

I really appreciate the work that those of you who are too scared to do re-inspections leave for me. When you fail to help your Clients, they then come to me, and the last helpful person in usually gets the repeat business.

But to help you out here, all you have to do when you go do re-inspections is make sure that the seller provides you and/or your Clients with receipts for the work that was done. With the receipt, all one has to do is tell one's Clients that the repairs look to be done properly but that there still could be underlying problems since one didin't get to watch the repairs being made. Then look at the receipt to see what kind of warranty the repair person has. Tell one's Clients, "If any problems crop up, the repair person has given you a [30/60/90/180/3650-day warranty, so make sure you keep this receipt with all your other valuable papers and call them if there are any problems."

Absent a receipt, tell your Clients, "I [or your home inspector] recommended that repairs be done by a [licensed plumber/electrician/etc.]. In this case, the seller did the work himself or he's not able to find the receipt, which often means that he did the work himself. Work with your Realtor to make sure that you can recover expenses if there are any problems down the road. Sometimes, depending on what has been repaired, parties come to an agreement to keep a certain amount of money in a new escrow accountn for a certain number of days after escrow has closed in case there are major problems on repairs down by the home owner or someone else not licensed in the profession for which the work was done. Also get the best home insurance policy you can find, which typically is not the one provided by the sellers--that's the cheapest one with the most fine print. If the sellers are providing you with a home insurance policy, ask them to provide you with the cash instead, and then double that and get yourself a good home insurance policy."

It's all about being helpful, educating one's Clients, and managing one's Clients' expectations.
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Old 07-19-2008, 08:42 AM
James Duffin James Duffin is offline
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Re: Re-inspection wording
When I do a re-inspection I always require the buyer to be there. I tell them that they are the judge as to what is acceptable to them. I then re-check the items that were on the list to be repaired and report back to the client what I find. I tell them that it has been repaired, that it has not been repaired, that it has been repaired but the repair is not acceptable in my opinion, or that for some reason I can not tell if it has been repaired or not. It is then up to them to decide what to do next. I feel that if I am qualified to do the original inspection then I should be qualified to do a re-inspection of the same item.
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Old 07-19-2008, 09:15 AM
William Brady William Brady is offline
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Re: Re-inspection wording
It's good to read how other handle this situation but I have to ask this question. Are we supposed to be inserting ourselves this deeply into the transation? Isn't it our job to inspect the home and then allow it to move to closing. All this checking out the receipts and looking over the contractors warranty how much time does that take. I for one would like to do the inspection and get out of the way. Let the parties and the brokers work out all the details. I am explaining up front that my services includes pointing out the defects and making some recommendation on who do look to for the repairs (lic. qualified, contractors etc.) and that I do not inspect master plumbers work for example. I can see why some want to do this for the added income for sure. It's just my feeling that HI's are a small part of a large deal and we should be doing our job and the report and let others fight out the details. I suppose there is a better way to say all of this but right now I would like to stop and read what comes of this post.
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Old 07-19-2008, 09:22 AM
William Brady William Brady is offline
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Re: Re-inspection wording
Something i forgot to say above. I inspected and new home prior to closing and I found problems on the roof that I pointed out in the report. The client assumed that I would re inspect the roof and for some reason I went back to take a look. I wrote to the client who was out of town the the repairs look good to me (not really in those words) he writes back and says "are you willing to sign off on that roof" It was at that point I decided that re inspection a probably not the business I want to be in.
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Old 07-19-2008, 10:34 AM
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Jerry McCarthy Jerry McCarthy is offline
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Re: Re-inspection wording
Thanks Bill, you rested my case. I can’t help but feel some inspector’s so called attitude; "I need to help folks to make myself feel whole” is such an unabashed load of horse manure.
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