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Legal
Stuff
After
my inspection is finished, I do hope you read completely,
not only the inspection report and the summary I
send to you, but that you also look at and read the
custom wording on each glossy picture I include.
Prior to the inspection, you will receive my pre-inspection
package that includes the contracts, as well as
my credentials and training, pamphlets, and brochures.
Please read and understand and then sign the contracts
and send those back, so that I know you understand
what is covered during a State Licensed Home Inspection
and what is not.
The
State of Indiana required all home inspectors to
be licensed on July 1, 2005. We pay a $400.00 license
fee every 2 years. The inspection AND THE REPORT
has to meet minimum State standards. However, there
are no “checks and balances” required
by the State. No reports have to be turned over
to the State for review. How will they know if an
inspector is doing his job? How will YOU know unless
you read and understand the 17 pages of fine print
outlining the laws? Even if reports were required
to be turned in, how will the State know what an
inspector missed inspecting in the house, or what
he missed putting in the report? It’s
still BUYER BEWARE when it comes to hiring a home
inspector. Do your own research. I have to carry
a high deductible for my insurance just to be able
to afford it. Because so many inspectors get sued
across the country, the rates for insurance are high.
Also know that 30% of home inspectors go out of business
each year, but there are just as many “newbies” that
sign up each year to take their place who “think” this
is the profession for them. I get several calls a
year from fellows who want to quit their day job to
become a home inspector-fellows who are unemployed,
chefs, factory workers, etc. Fellows think they are
qualified because: “I have done a lot of remodeling
on my own home”. I tell them that the government
classifies a home inspector’s job as “high
risk and low pay”. Then I tell them that to
be qualified to do all the types of inspections that
I do-including the environmental inspections-it cost
me $53,000.00 in up front start up costs to just
get the doors of my business open, before I earned
even my first dollar. That usually makes
them think that their current situation isn’t
all that bad after all! A way you can tell how
long a home inspector has been in business is to
look at his license #. For example, mine is HI00500015.
HI means Home Inspector. 005 means I received my
license in 2005. 00015 means I was the 15th home
inspector to receive my license THAT year. So now
if you see a license that is HI007055, this means
that the inspector was the 55th one to sign up during the
year of 2007. This does NOT mean he was the 55th
one to sign up in the State since license inception
began on July 1, 2005, but was the 55th one in the
year of 2007 ONLY.
The
home inspection law states that a person who recommends
a home inspector is not liable if “good
faith” was used. What is “good faith”?
Surely that means more than just knowing he carries
a license in his back pocket. They should know that
the inspector is inspecting AND reporting according
to State standards. Sometimes, realtors have a “Fave
5” list of home inspectors to hand to clients.
They should know that each one of those inspectors
is following the law. If they want to avoid any
liability, they should hand the client a phone book
or nothing at all, and tell them to go to the web.
Sometimes a few realtors have tried (and succeeded)
to talk a buyer out of using me, (using pricing as
a “ruse”), and sometimes they have tried
(and succeeded) to talk a seller out of
using
me. This is strange and rather absurd. If (when)
an inexperienced inspector misses something, the
buyer can sue not only the home inspector but also
the realtor who handed them the list, and the seller,
claiming that they should have known or did know
about the deficiency. When a seller gets nervous
because he has heard I am coming to do the inspection,
(whether he hired me or the buyer hired me), because
of what he may have been “told” about
me, he should relax and know that his chances of
being sued are nil with me, rather than
being sky high with an inexperienced inspector showing
up and NOT doing a State Licensed home inspection and report.
If I’m even
on someone’s “Fave 5” list, I’m
probably down at the bottom on the last line. The
problem is most home inspectors did not change their
ways when licensing kicked in to meet the newer tougher
standards. Demand the best!
As
of 2010, I am one of only two members of the Independent
Home Inspectors of North America, in the State of Indiana.
See the attached link on my website. This means I have
signed an oath NOT to SOLICIT work from realtors. I
still work with realtors each week because my buyers
are purchasing a home and realtors are usually involved,
but with the exception for when my clients are purchasing
a FSBO property. I find it interesting that sometimes
I get calls from realtors when they have a persnickety
client who is wealthy and/or they are a professional
in the area of a lawyer, doctor, engineer, CPA, business
owner, dentist, etc. Getting back to the “Fave
5” list I talked about, if they weren’t
worried about liability, why not use the "other" inspectors? I’ll take any job that
comes along, whether it’s for the little old
widow lady buying a bungalow, or the professional who
bought the 1.6 million dollar lake property. (By the
way, that realtor “earned” an $80,000 commission-do
you think they want to see any problems listed in my
inspection report)? (By the way there were several,
but the deal still went through). If a deal doesn’t go
through it was because of the condition of the house
or an unwillingness of the buyer and seller to negotiate,
or the house was too high priced to begin with. I enjoy
working with the honest and conscientious realtors
out there. I hope you find one for your transaction.
It’s
best for you to enlist the help of a realtor from a
different company than from the company who has the
house listed, that you are interested in (Independent
Home Inspectors of North America). |