Home Inspection Basics

SIX CLOSINGS THIS WEEK!

Walt Fish (Bay Area Home Inspection, LLC) — Sat, 26 Apr 2008 20:20:42 -0500

A few weeks ago, I was sitting in the office of a very successful Realtor after completing a Home Inspection for one of her clients. I asked her how she was doing in sales. She smiled, pointed to a stack of pending closings, and mentioned that six would close by that Friday.

It got me thinking. What are some of the issues that spell success for Realtors in any market? Granted, I am a Licensed Home Inspector and would never claim to be an expert in Real Estate sales. Still, with a BSBA in Marketing Research and extensive communication with hundreds of Home Buyers and Realtors over the years, I may be able to offer a few objective suggestions.

First, I can't tell you how many Buyers complain to me about issues they face after making a purchase agreement (and getting it accepted, of course). For example, one customer of mine had hired a Realtor as her Buyer Agent, completed a purchase agreement (having told the Realtor that she wanted a home inspection) and then found out later that the home inspection contingency box had not been checked. The sellers refused the home inspection, she walked away from the purchase and found another Realtor. Other customers of mine have walked away from a deal because the sellers would refuse to pay to have the utilities turned on for inspection. Again, I don't claim to know the specifics of your responsibilities as a Realtor, but if you are representing a buyer as their agent, I do know that the Premier Realtors I work with are always very careful to sit down with the Buyer and help them (or at least advise them) as the buyer fills out a purchase agreement. These Realtors make sure there will be no surprises. If a home has been winterized, the Realtor makes a point to know about it and makes sure there is language addressing who is responsible for turning on and off utilities, who will pay for it, and what will happen if repairs are needed. If the buyer wants a home inspection, the Realtor makes sure that it has been properly requested in the purchase agreement and ensures enough days have been allocated to complete the inspection given the particular circumstances present in each situation.

Next, this may seem like a no brainier, but again, the outstanding Realtors never get put in a situation where they don't have access to one of their listings. What I mean is, there is a purchase agreement on the table, a buyer needs access to the property, perhaps for a Home Inspection, or perhaps just to measure for curtains. Unfortunately, the listing agent doesn't have keys as the seller's uncle who lives down the street maintains the property...only he is out of town. I have seen this happen more than once.

Or, the buyer needs information from the seller (is the roof still under warranty?)

Unfortunately, the buyer agent doesn't have a number for the seller, the listing agent can't reach the seller and no-one has email!

What I am really trying to say here, is that the Realtors who consistently rack up the big sales do more than extensive networking, putting in long hours and running successful ad campaigns. They also pay attention to details, even the smallest ones. If they know something could become a problem, they already have a plan in place to tackle it should it surface. Postponing a closing (in my opinion, and that of my Buyers) is not an option except under extraordinary circumstances.

As I've said, I know a lot of Realtors...in the hundreds! Some are real pros. In my opinion, the best way to pick them out among the minions is to see how well they represent the interests of their clients.

I would like to see all of you reach your goal for 2008!

Building Contractor Needed in Detroit or Lansing

Walt Fish (Bay Area Home Inspection, LLC) — Thu, 09 Aug 2007 15:58:53 -0500

Many of us know a number of good building contractors. I certainly do in my area. A long time friend of mine is the Associate Director for St. Jude's Research Hospital (Dream Home Program) Nationwide. Since I am a member here, he asked if I could inquire with other inspectors in the Detroit or Lansing area to recommend the best Building Contractors there. He is considering building one of thier Dream Homes in one of both of these cities. The proceeds they receive is one of the major sources of revenue for St. Judes Childrens Hospital. Any of you in these cities have any first hand knowledge of High end Contractors?

Thanks!

Marquette, Michigan Living

Walt Fish (Bay Area Home Inspection, LLC) — Fri, 25 May 2007 16:17:53 -0500

This is the first in a series of articles about Upper Michigan that I am writing on behalf of those considering relocating or returning to this area. I have traveled or lived in much of the world (23 countries) and also spent a fair portion of my growing up years in the UP. Having returned for the last time after 14 years of living in Green Bay, Wisconsin, my perspective is fresh and I am constantly on the lookout for points of interest and things to do, as well as evaluating quality of life issues and finding cultural pursuits.

As a licensed Home Inspector and owner of Bay Area Home Inspection, LLC, I travel constantly throughout the Upper Peninsula. On Tuesday, I was in Marquette doing two inspections for clients moving to this city and thought to myself; why do people move here? Is it for a job, a lifestyle change, better schools? Don't get me wrong, I love the UP, and am here for good this time. There was in my case, and I suspect for many, a sort of "driving force" that lures us here, and for many, back here.

If you are shopping for a home, you'll find that price, condition and offered amenities can be suited to fit almost any budget.

Some older neighborhoods are nestled among newer subdivisions, both within walking distance from the lake.

Along Lakeshore Drive, you can relax on a towel or brave the cold Superior waters which typically never get "comfortable" though the water is fresh and oh so clean. You can watch Ore Carriers move in and out of port...

Or if Biking or Walking is your thing...

Lakeshore drive boasts some excellent trails for walking or riding bike.

If you are interested in the Marquette area and have questions about relocating, don't hesitate to call me. If I don't know the answer, I will put you in touch with someone who does. And, of course, when you do write a purchase agreement on that home, make sure you have a Home Inspection Contingency with 10-15 days and then give me a call or visit my website

Good luck to each of you over this holiday weekend and remember our Veterans!

Home Inspector's Becoming Licensed in Michigan

Walt Fish (Bay Area Home Inspection, LLC) — Sat, 05 May 2007 15:20:48 -0500

As a few of you might be aware, a bill will sortly be introduced in the Michigan State Legislature which will require that all Home Inspectors be Licensed by the State before conducting any inspection. I have included a copy of the previous Bill which was introduced but never voted on (there have been a few changes to the new Bill). When it comes back from the drafters, I will post it here.

As Real Estate professionals, what do you think of Home Inspectors being Regulated in Michigan? Good Idea? Bad Idea?

00658'05 LBO HOUSE BILL No. 4076 HOUSE BILL No. 4076
HOUSE BILL No. 4076

January 27, 2005, Introduced by Rep. Accavitti and referred to the Committee on Regulatory

Reform.

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 303a (MCL 339.303a), as amended by 1995 PA

183, and by adding article 14.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 303a. The terms provided for in this act shall commence
2 on the following dates:
3 Accountancy July 1
4 Architects April 1
5 Athletic board of control April 1
6 Barbers October 1
7 Collection agencies July 1
8 Community planners July 1

00658'05 LBO

1 Cosmetology January 1
2 Employment agencies October 1
3 Foresters April 1
4 Hearing aid dealers October 1
5 HOME INSPECTORS JULY 1
6 Land surveyors April 1
7 Landscape architects July 1
8 Marriage counselors October 1
9 Mortuary science July 1
10 Nursing home administrators January 1
11 Professional engineers April 1
12 Real estate appraisers July 1
13 Real estate brokers and salespersons July 1
14 Residential builders April 1
15 Social workers October 1
16 ARTICLE 14
17 SEC. 1401. AS USED IN THIS ARTICLE:
18 (A) "ACCESSORIES" MEANS APPLIANCES THAT ARE FIXTURES IN THE
19 RESIDENCE. ACCESSORIES INCLUDE BUILT-IN APPLIANCES AND VACUUM
20 SYSTEMS BUT DO NOT INCLUDE A SECURITY SYSTEM.
21 (B) "CLIENT" MEANS THE PERSON ON WHOSE BEHALF A HOME
22 INSPECTOR IS ACTING.
23 (C) "ELECTRICAL SYSTEM" MEANS THE TOTAL SYSTEM IN A
24 RESIDENCE THAT FACILITATES THE FLOW OF ELECTRICITY BEGINNING WITH
25 THE MAIN PANEL AND EXTENDING TO THE SUBPANELS AND INCLUDING
26 BRANCH CIRCUITS, AND DIRECTLY WIRED ELECTRICAL AND LIGHTING
27 FIXTURES.
28 (D) "FOUNDATION" MEANS 1 OR MORE OF THE FOLLOWING UPON WHICH
29 A RESIDENCE IS PLACED:

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1 (i) SLAB.
2 (ii) CRAWL SPACE.
3 (iii) BASEMENT.
4 (iv) PIERS.
5 (E) "HEATING AND AIR CONDITIONING SYSTEM" MEANS A SEPARATE
6 OR COMBINED SYSTEM USED TO DISTRIBUTE OR RADIATE HEAT OR COOL AIR
7 THROUGHOUT ALL OR PART OF A RESIDENCE. THE RADIATION OR
8 DISTRIBUTION OF HEAT MAY BE ACCOMPLISHED BY MEANS OF A CENTRAL
9 HEAT SOURCE OR THERMOSTATICALLY CONTROLLED HEAT SOURCES IN 1 OR
10 MORE ROOMS OF A RESIDENCE. AIR CONDITIONING DOES NOT INCLUDE A
11 UNIT MOUNTED IN A WALL OR A WINDOW UNLESS THE UNIT UTILIZES DUCTS
12 TO DISTRIBUTE THE AIR.
13 (F) "HOME INSPECTOR" MEANS A PERSON ENGAGED IN, OR OFFERING
14 TO ENGAGE IN, THE BUSINESS OF PROVIDING HOME INSPECTION SERVICES
15 BUT DOES NOT INCLUDE ANY OF THE FOLLOWING:
16 (i) A PERSON ACTING ON BEHALF OF A LOCAL, STATE, OR FEDERAL
17 GOVERNMENTAL UNIT OR AGENCY CONDUCTING AN INSPECTION OR
18 INVESTIGATION CONCERNING COMPLIANCE WITH EITHER OR BOTH OF THE
19 FOLLOWING:
20 (A) HEALTH OR SAFETY LAWS OR REGULATIONS.
21 (B) CONSTRUCTION OR BUILDING LAWS, CODES, OR REGULATIONS.
22 (ii) A PERSON LICENSED, REGISTERED, OR CERTIFIED UNDER 1 OR
23 MORE OF THE FOLLOWING WHILE CONDUCTING AN INSPECTION THAT IS
24 REASONABLY RELATED TO A TASK OR PROSPECTIVE TASK WITHIN THE SCOPE
25 OF LICENSURE, REGISTRATION, OR CERTIFICATION:
26 (A) ARTICLE 20.
27 (B) ARTICLE 24.

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1 (C) ARTICLE 25.
2 (D) ARTICLE 26.
3 (E) THE STATE PLUMBING ACT, 2002 PA 733, MCL 338.3511 TO
4 338.3569.
5 (F) THE ELECTRICAL ADMINISTRATIVE ACT, 1956 PA 217, MCL
6 338.881 TO 338.892.
7 (G) THE FORBES MECHANICAL CONTRACTORS ACT, 1984 PA 192, MCL
8 338.971 TO 338.988.
9 (G) "HOME INSPECTION SERVICES" MEANS SERVICES PROVIDED TO A
10 CLIENT, FOR CONSIDERATION, THAT ARE DESIGNED TO IDENTIFY AND
11 DISCLOSE THE FUNCTIONAL CONDITION OF THE MAJOR SYSTEMS AND
12 ACCESSORIES IN A RESIDENCE AT THE TIME OF THE INSPECTION. HOME
13 INSPECTION SERVICES DO NOT INCLUDE AN INSPECTION DESIGNED ONLY TO
14 DISCLOSE ANY OF THE FOLLOWING:
15 (i) COMPLIANCE WITH LOCAL, STATE, OR FEDERAL BUILDING OR
16 CONSTRUCTION LAWS, CODES, OR REGULATIONS.
17 (ii) COMPLIANCE WITH LOCAL, STATE, OR FEDERAL HEALTH AND
18 SAFETY LAWS OR REGULATIONS.
19 (iii) THE PRESENCE OR ABSENCE OF PESTS, TERMITES, OR OTHER
20 VERMIN OR DAMAGE RESULTING FROM THE PRESENCE OF PESTS, TERMITES,
21 OR VERMIN.
22 (H) "MAJOR DEFICIENCY" MEANS A DEFECT IN 1 OR MORE MAJOR
23 SYSTEMS OR ACCESSORIES THAT MAY CAUSE THE REASONABLE LIKELIHOOD
24 OF HARM TO THE SAFETY OF THE OCCUPANTS SO AS TO REQUIRE THEIR
25 EVACUATION OF THE RESIDENCE FOR MORE THAN 3 DAYS OR THAT MAY
26 RESULT IN THE REASONABLE LIKELIHOOD OF A MAJOR SYSTEM OR
27 ACCESSORY BECOMING NONOPERATIONAL.

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1 (I) "MAJOR SYSTEM" MEANS ANY 1 OF THE FOLLOWING:
2 (i) ELECTRICAL SYSTEM.
3 (ii) HEATING AND AIR CONDITIONING SYSTEM.
4 (iii) PLUMBING SYSTEM.
5 (iv) STRUCTURE AND FOUNDATION.
6 (J) "PLUMBING SYSTEM" MEANS THAT SYSTEM REGULATING THE
7 INWARD AND OUTWARD FLOW OF WATER AND SEWAGE IN A RESIDENCE AND
8 INCLUDES, BUT IS NOT LIMITED TO, WATER HEATERS, FIXTURES,
9 FAUCETS, VALVES, AND PIPES. PLUMBING DOES NOT INCLUDE WELLS,
10 SEPTIC SYSTEMS, WATER SOFTENERS, OR SUMP PUMPS UNLESS INCLUDED IN
11 WRITING IN THE CONTRACT FOR HOME INSPECTION SERVICES.
12 (K) "RESIDENCE" MEANS A BUILDING USED PRIMARILY FOR FAMILY
13 LIVING QUARTERS AND DESIGNED FOR OCCUPANCY OF NOT MORE THAN 4
14 FAMILIES IN SEPARATE LIVING QUARTERS.
15 (l) "STRUCTURE" MEANS THE WALLS, WINDOWS, DOORS, AND ROOF ON
16 THE EXTERIOR OF A RESIDENCE AND THE WALLS, CEILINGS, FLOORS,
17 WINDOWS, AND DOORS ON THE INTERIOR OF A RESIDENCE.
18 SEC. 1402. THERE IS CREATED A HOME INSPECTORS BOARD.
19 SEC. 1403. (1) BEGINNING THE EFFECTIVE DATE OF THE RULES
20 PROMULGATED BY THE DEPARTMENT UNDER SUBSECTION (2), AN INDIVIDUAL
21 SHALL NOT PROVIDE, OR OFFER TO PROVIDE, HOME INSPECTION SERVICES
22 UNLESS LICENSED UNDER THIS ARTICLE OR UNLESS THE INDIVIDUAL OR
23 SERVICES ARE EXEMPTED FROM LICENSURE UNDER THIS ARTICLE AS
24 DESCRIBED IN SECTION 1401(F)(i) OR (ii). AN INDIVIDUAL SHALL NOT
25 USE THE TERM "HOME INSPECTOR" OR ANY OTHER SIMILAR TITLE THAT
26 CONNOTES LICENSURE UNDER THIS ARTICLE.
27 (2) WITHIN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS

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1 ARTICLE, THE DEPARTMENT SHALL PROMULGATE RULES TO SET MINIMUM
2 STANDARDS FOR EDUCATION AND EXPERIENCE REGARDING ELIGIBILITY FOR
3 LICENSURE UNDER THIS ARTICLE. THE DEPARTMENT, IN CONSULTATION
4 WITH THE BOARD, MAY PROMULGATE RULES TO SET STANDARDS FOR
5 EXAMINATION OF APPLICANTS WHO DO NOT MEET THE EDUCATION AND
6 EXPERIENCE STANDARDS DESCRIBED IN THE RULES PROMULGATED UNDER
7 THIS SUBSECTION.
8 (3) THE DEPARTMENT SHALL LICENSE AN INDIVIDUAL AS A HOME
9 INSPECTOR IF THE INDIVIDUAL IS LICENSED OR OTHERWISE REGULATED IN
10 ANOTHER STATE THAT HAS SUBSTANTIALLY THE SAME STANDARDS FOR
11 LICENSURE AS THIS STATE, AS DETERMINED BY THE BOARD, AND THAT
12 OFFERS RECIPROCITY TO LICENSEES IN THIS STATE.
13 SEC. 1404. (1) BEGINNING THE EFFECTIVE DATE OF THIS ARTICLE,
14 AN INDIVIDUAL PROVIDING OR OFFERING TO PROVIDE HOME INSPECTION
15 SERVICES SHALL COMPLY WITH THE REQUIREMENTS OF THIS SECTION AND
16 SECTION 1405.
17 (2) A HOME INSPECTOR WHO ENTERS INTO A CONTRACT FOR HOME
18 INSPECTION SERVICES THAT IS NOT IN CONFORMANCE WITH THIS ARTICLE
19 IS SUBJECT TO AN ACTION FOR DAMAGES BROUGHT BY THE CLIENT OR
20 SUSPENSION OR REVOCATION OF HIS OR HER LICENSE, OR BOTH.
21 (3) A HOME INSPECTOR SHALL INSPECT THOSE MAJOR SYSTEMS AND
22 ACCESSORIES OF A RESIDENCE THAT ARE THE SUBJECT OF A CONTRACT FOR
23 HOME INSPECTION SERVICES ONLY TO THE EXTENT THAT THOSE MAJOR
24 SYSTEMS AND ACCESSORIES ARE READILY ACCESSIBLE AND VISIBLE TO THE
25 HOME INSPECTOR. A HOME INSPECTOR SHALL INDICATE IN WRITING ANY
26 ACCESSORY OR MAJOR SYSTEM, OR ANY PART OF AN ACCESSORY OR MAJOR
27 SYSTEM, THAT WAS NOT ABLE TO BE INSPECTED AND THE REASONS FOR THE

00658'05 LBO

1 INABILITY TO INSPECT.
2 (4) A HOME INSPECTOR WHO INSPECTS A RESIDENCE SHALL NOT
3 REPAIR OR OFFER TO REPAIR A RESIDENCE THAT WAS THE SUBJECT OF
4 HOME INSPECTION SERVICES PROVIDED BY THAT HOME INSPECTOR UNLESS
5 THE REPAIR IS PURSUANT TO A HOME WARRANTY PROVIDED BY THE HOME
6 INSPECTOR.
7 (5) THE HOME INSPECTOR SHALL DISCLOSE WHETHER HE OR SHE, AN
8 EMPLOYEE OR AGENT, OR AN IMMEDIATE FAMILY MEMBER HAS AN OWNERSHIP
9 INTEREST IN THE RESIDENCE BEING INSPECTED.
10 (6) A HOME INSPECTOR SHALL DISCLOSE WHETHER HE OR SHE, AN
11 EMPLOYEE OR AGENT, OR AN IMMEDIATE FAMILY MEMBER IS A MEMBER OF A
12 BOARD OF DIRECTORS OF, OR AN OFFICER OF, AN ENTITY THAT HAS AN
13 OWNERSHIP INTEREST IN THE RESIDENCE BEING INSPECTED.
14 (7) A HOME INSPECTOR SHALL FURNISH TO THE CLIENT A DOCUMENT
15 ENTITLED "DISCLOSURE STATEMENT", WHICH SHALL BE PRESENTED AT THE
16 TIME THE WRITTEN HOME INSPECTION REPORT IS CONVEYED TO THE CLIENT
17 AND SHALL CONTAIN, AT A MINIMUM, BOTH OF THE FOLLOWING:
18 (A) THE SCOPE OF THE HOME INSPECTION SERVICES WITH A
19 DETAILED DESCRIPTION OF THE MAJOR SYSTEMS AND ACCESSORIES TO BE
20 INSPECTED, THE TYPE OF MAJOR DEFICIENCIES THE HOME INSPECTION IS
21 DESIGNED TO REVEAL, AND ITEMS THAT ARE EXCLUDED FROM COVERAGE
22 UNDER THE CONTRACT OF HOME INSPECTION SERVICES.
23 (B) A STATEMENT THAT A HOME INSPECTOR INSPECTING A
24 PARTICULAR RESIDENCE SHALL NOT REPAIR OR OFFER TO REPAIR A
25 RESIDENCE THAT WAS THE SUBJECT OF HOME INSPECTION SERVICES
26 PROVIDED BY THAT HOME INSPECTOR UNLESS THE REPAIR IS PURSUANT TO
27 A HOME WARRANTY PROVIDED BY THE HOME INSPECTOR.

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1 SEC. 1405. (1) A CONTRACT FOR HOME INSPECTION SERVICES SHALL
2 BE IN WRITING, EXECUTED BY THE HOME INSPECTOR AND EITHER THE
3 CLIENT OR THE CLIENT'S AGENT, AND IN CONFORMANCE WITH SUBSECTION
4 (4). A COPY OF THE EXECUTED CONTRACT FOR HOME INSPECTION SERVICES
5 SHALL BE PROVIDED TO THE CLIENT AT THE TIME OF ITS EXECUTION.
6 (2) ALL TERMS OF THE CONTRACT FOR HOME INSPECTION SERVICES
7 SHALL BE CONTAINED IN THE WRITTEN CONTRACT EXCEPT THAT CONDITIONS
8 OF THE RESIDENCE AFFECTING THE HOME INSPECTOR'S ABILITY TO
9 CONDUCT A HOME INSPECTION SHALL BE NOTED IN A SEPARATE DOCUMENT
10 ATTACHED TO THE CONTRACT. ANY CHANGES OR MODIFICATIONS OF THE
11 TERMS OF THE CONTRACT FOR HOME INSPECTION SERVICES SHALL BE
12 REDUCED TO WRITING.
13 (3) UNLESS OTHERWISE INDICATED IN WRITING, THE PURCHASER OF
14 A RESIDENCE BEING INSPECTED IS CONSIDERED THE CLIENT IN THE CASE
15 OF A HOME INSPECTION CONDUCTED AS PART OF A SALE OF THE
16 RESIDENCE.
17 (4) THE FOLLOWING SHALL BE CONTAINED IN A CONTRACT FOR HOME
18 INSPECTION SERVICES:
19 (A) A DESCRIPTION OF THE HOME INSPECTION SERVICES TO BE
20 PROVIDED.
21 (B) ANY DISCLAIMERS INCLUDING, BUT NOT LIMITED TO, THE
22 ABSENCE OF ANY WARRANTIES AS TO THE ADEQUACY OF FUTURE
23 PERFORMANCE OF A MAJOR SYSTEM OR ACCESSORY AND THE FACT THAT THE
24 HOME INSPECTION IS CONSIDERED A VALID ASSESSMENT OF THE CONDITION
25 OF THE RESIDENCE ONLY AS OF THE DATE THE HOME INSPECTION WAS
26 CONDUCTED.
27 (C) ANY EXCLUSION OF DEFECTS NOT REASONABLY APPARENT BY

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1 VISUAL INSPECTION.
2 (D) ANY EXCLUSION OF ANY MAJOR SYSTEM OR ACCESSORY NOT
3 OPERABLE AT THE TIME OF THE CONDUCT OF THE HOME INSPECTION.
4 (5) AFTER PERFORMING HOME INSPECTION SERVICES, A HOME
5 INSPECTOR SHALL PROVIDE TO THE CLIENT A WRITTEN HOME INSPECTION
6 REPORT CONTAINING THE RESULTS OF THE HOME INSPECTION. THE HOME
7 INSPECTION REPORT SHALL INCLUDE A LIST OF THE MAJOR SYSTEMS OR
8 ACCESSORIES INSPECTED AND ANY MAJOR SYSTEMS OR ACCESSORIES NOT
9 INSPECTED. THE HOME INSPECTOR SHALL LIST IN THE REPORT ANY
10 CONDITIONS AFFECTING OR LIMITING THE ABILITY OF THE HOME
11 INSPECTOR TO PROVIDE HOME INSPECTION SERVICES PURSUANT TO THE
12 CONTRACT.
13 (6) THE HOME INSPECTION REPORT SHALL INCLUDE THE FOLLOWING
14 STATEMENTS:
15 (A) THAT DEFECTS NOT REASONABLY APPARENT BY VISUAL
16 INSPECTION ARE EXCLUDED.
17 (B) THAT A MAJOR SYSTEM OR ACCESSORY NOT OPERABLE AT THE
18 TIME OF THE CONDUCT OF THE HOME INSPECTION IS EXCLUDED.
19 (7) THE HOME INSPECTOR SHALL INDICATE IN THE WRITTEN HOME
20 INSPECTION REPORT THE FACT THAT THE HOME INSPECTION IS CONSIDERED
21 A VALID ASSESSMENT OF THE CONDITION OF THE RESIDENCE ONLY AS OF
22 THE DATE THE HOME INSPECTION WAS CONDUCTED.
23 (8) A HOME INSPECTOR SHALL RETAIN A COPY OF THE CONTRACT FOR
24 HOME INSPECTION SERVICES AND THE WRITTEN HOME INSPECTION REPORT
25 FOR AT LEAST 3 YEARS AFTER THE DATE OF THE REPORT.
26 SEC. 1406. (1) A CLIENT SUFFERING DAMAGES DUE TO A VIOLATION
27 OF THIS ARTICLE MAY BRING AN ACTION FOR DAMAGES IN A COURT OF

00658'05 Final Page LBO

1 COMPETENT JURISDICTION.
2 (2) THE REMEDIES UNDER THIS ARTICLE ARE CUMULATIVE AND THE
3 USE OF 1 REMEDY DOES NOT BAR THE USE OF ANY OTHER REMEDY PROVIDED
4 BY LAW.
5 Enacting section 1. This amendatory act does not take
6 effect unless Senate Bill No.____ or House Bill No. 4077(request
7 no. 00658'05 a) of the 93rd Legislature is enacted into law.
8 Enacting section 2. This amendatory act takes effect
9 October 1, 2005.

Snow Hammers Upper Michigan

Walt Fish (Bay Area Home Inspection, LLC) — Thu, 05 Apr 2007 11:17:49 -0500

I guess it was too good to be true! The birds had returned from their winter vacations, people began venturing out to rake their lawns, and then we hear the forecast for some snow on Tuesday. I guess they forgot to say it would continue through the week. As one who had been living in Green Bay for the past 14 years, this does get a bit unsettling. Don't get me wrong, I "Love" the Upper Peninsula of Michigan. Still, at times, the elements fight hard against all sensibilities and I find myself in awe of the those who, knowingly, take such things as just a simple fact of life!

So, like any good UPPER, I got up early this morning and, for the 3rd time since Tuesday, opened my driveway, stopped at a local cafe for a cup of Java and then plowed again after the grader went by. In all, we have gotten (unofficially, of course) about 20-25 inches of snow in this storm along with high winds and some respectable snow drifts. Generally, the municipalities up here do an awesome job of removing snow. During the winter, the roads and all side streets in most towns are plowed by 7am. I think this storm caught them a bit off guard as main street in Laurium was still waiting for the big snowblower at 9am this morning. It's fun to watch actually. They plow main street toward the center on each side, then come through with a huge snow blower and some dump trucks to catch the snow. In 10 minutes, main street is clear.

One of the neighbors got his plow stuck, so I went over, cleared around him and then towed him out with the truck you see above. This neighbor, who goes by "Pooty" is 82 years old and still going strong.

For those of you considering relocating to the U.P., don't let the snow scare you. True, you will need a scoop, at a minimum, but the other three seasons most definitely make up for the inconveniences of our lake effect snow. A couple more weeks and it will be spring up here! If you have any questions about life here, drop me a line.

No Bull

Walt Fish (Bay Area Home Inspection, LLC) — Sat, 31 Mar 2007 13:57:16 -0500

Gertchrude, my old milk cow was a dear soul and dependable as they come, still she was no Bull and neither is what I am about to say!

As I have transitioned my Inspection Business to Upper Michigan, I keep running into one specific problem that befuddles me. I suppose I should tell you first that in my Market, many listed homes are vacant. Sometimes the owners live out of state, sometimes there is a death in the family and often, people leave the area for career pursuits (usually returning at some point). in any case, Imagine meeting a client at a property to begin an Inspection only to find that the water, Gas or Electricity have been shut off. This brings up an interesting question...several actually. You might first ask, why didn't the Inspector know the Utilities were shut off? More on that later. The next logical question might be: So the water is shut off, what's the big deal, just turn it on...right? The short answer is: wrong, wrong, wrong! Lets say, for example that I do turn on the main water valve as it comes into the home. I begin by inspecting the plumbing, not difficult as I soon learn several pipes have burst (home was not winterized) and there's a hole the size of Niagara Falls underneath the water heater. So, just quickly shut off the water. Not so fast, it seems the shut off valve which has been around since Moby Dick was a minnow, doesn't...yep, you guessed it, want to shut off! The Listing Agent is unavailable and the municipal water might be able to get out later that afternoon. Now, luckily for me, that scenario has not happened, but less dramatic things have. Once I make the decision to turn on any component or utility during an inspection, I have not only just assumed responsibility for damages, I have also potentially peeved a whole bunch of people if there is a problem that can't be immediately fixed.

So, I could have just written up the report without inspecting the plumbing. Sure I could have. But doing so would not be fair to the client who paid and trusted me to provide a complete inspection. One month later when this client closes on the home and finds the water heater leaking, or it raining in the dining room from the hall bath above, this buyer will be hopping mad, and ultimately, it won't be me this client addresses his/her anger toward.

Yes, yes, but you say, why didn't you just wait until the Utilities were all turned on? Well, now here is where we truly get to the nut of this problem. You see, in my market, when a purchase agreement is drawn up, sometimes the Realtors don't address the issue (within the purchase agreement) of who is responsible for turning on and off ulilities prior to closing. This can cause a great deal of confusion and buck passing, and I for one, don't wish to be caught in the middle. Further, as a generalized truth, I find that some Realtors (Listing Agents) are giving the buyer 10 days to have the Inspection completed and then not immediately working toward getting all the Utilities turned on knowing they are not. It has happened (to me) more than once lately that the water or electricy was still turned off at the time the inspection contigency expired.

The only thing I can think of is to try to provide some guidance and experience on this issue to Realtors in my area. They need to understand that a Home Inspection Contigency, is just that, a "Contigency". Failure to allow the buyer a complete inspection within the agreed upon time frame voids..or makes voidable, the purchase agreement. If the Utilities are shut off and the Listing Agent knows this, and the listing agent also knows the home has not been winterized, it seems reasonable to assume that they may need more than 10 days to fix any forseable problems (i.e. leaks in water and NG pipes, servicing the furnace or boiler, making sure the electricity is safely turned on). These are not my repsonsibilities.

I do also understand that in Michigan, there are no state standards or competency requirements for Home Inspectors...yet (more on that in another post). Personally, I adhere to ASHI standards. How do I know those standards? Well, I have been licensed in Wisconsin for nearly 9 years now. I also engage in a minimum of 40 hours up to 200 hours of Home Inspector Training classes and seminars each year. I know what Michigan Inspectors should be doing, but with no standardized guidelines, there is little consistancy and perhaps some Realtors are misinformed in general about the scope the Home Inspection should encompass.

And how is your weekend going?

Walt

Are All Home Inspectors The Same?

Walt Fish (Bay Area Home Inspection, LLC) — Thu, 29 Mar 2007 22:41:58 -0500

In August of last year, I reluctantly left my home in Green Bay, Wisconsin and returned to my childhood roots of Upper Michigan. My first challenge was making it through the winter. My second, was to develop business as a Home Inspector in a State that, to my profession, seems like the old Wild West. Do we have Inspectors? Yes. Are they trained? Some are. Are they Licensed? No. In fact, this state has no HI standards and no regulation requirements of any kind. What this means, of course, is that customers, particularly home buyers, are not always getting what they pay for; a thorough, competent, detailed, timely and complete inspection and report. There is a bill in Michigan which will be introduced in the next week or two that I will talk about in an upcoming post.

For now, I would offer the following: As a real estate professional, consider the trust that is engendered when your buyer does hire a competent Inspector who not only points out problem areas in the home, but who also puts repair items and deficiencies into perspective for the buyer. Consider the training the Inspector has received.

How many years has he/she been doing inspections?

Is this his/her full-time occupation?

Does the Inspector explain and comfort or detect and discourage?

Does the Inspector have a quick turn around time?

Can the report me emailed?

Is it Password protected?

Does the Inspector offer on-line payment?

On-line scheduling?

For the past three months, I have been traveling throughout Upper Michigan; from Marquette to Copper Harbor; from Escanaba to Ironwood; meeting with Realtors, telling them about the services which set me apart and listening to their feedback and concerns. Now is your chance.

Do your customers complain that they can't get in touch with an Inspector or that he/she never returns their call?

Do you find Inspectors consistently calling out items for an electrician, plumber, structural engineer to evaluate?

Do Inspectors tell your clients that components need to be replaced that are running fine just because they are older?

Let me know your thoughts as I strive to be the best Inspector in the UP and have a great weekend!