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The "Real" Dirty Secret in the Home Inspection Industry

By
Home Inspector with A House on a Rock Home Inspections LLC NACHI11122403

The internet is proliferated with articles outlining the dirty secrets of the home inspection industry.  Most of these articles contain faux secrets, claiming that other inspectors are inexperienced, unqualified, or may be writing soft reports to curry favor with real estate agents.  These inspectors are few and far between and deserve little attention from the world wide web, but their exisitence is hyperbolized to scare home buyers into chosing the author of said articles. I have yet to read in any of these articles, the real dirty secret in the home inspection industry.

There is a practice that a gross majority of inspectors engage in, that if the public were more aware of, they would include it in their interview questions when selecting a home inspector.  The dirty secret is that an alarming number of home inspectors contractually limit their liability to the fee of the performed inspection. What does that mean?

Let's say you a hire a home inspector who has on his website that he is thorough, experienced, and has your best interest in mind.  He even emails you an article that says most inspectors are inferior compared to him.  You hire him, and a few days later, he's in the driveway of your dream home preparing for the inspection. Unfortunately, this particular inspector is not in the best of moods today. He skims over the roof from the ground, and only inspects the attic from the ceiling hatch. His liability is limited, so he doesn't have much to lose.  You recieve the report, decide you are satisfied with the findings, and a few weeks later you are a new home owner. Unfortunately, as you begin to utilize the attic space for your moving boxes, you realize there are some leak stains and some mold growth in the sheathing.  You immediately call a roofer, and to your surprise, he says there are several missing, cracked, and damaged shingles. He says the roof is aged and should probably be replaced soon. The only thing you can muster out of your mouth is "how much will that cost?" The roofer says it will probably start at about $5000, but it's not a formal estimate--it could be higher.

You reflect back to your home inspection, and you can't recall any mention of a leak, or damaged shingles.  You call the inspector and he comes out to your property. He's in a better mood today.  He gets on the roof, goes in the attic, and realizes he may have made a mistake.  Everyone makes mistakes, but as long as they make it right, its ok.  This home inspector is no different. He is going to make it right. He is going to pay you $400, which is all he is required to pay you, since you signed a contract that limited his liability to cost of the fee that you paid him to inspect the home.

Where are you going to get the other $4600?

 

Posted by

Juan Jimenez

A House on a Rock Home Inspections LLC

God. Family. Home.

804-269-4321

juan@ahouseonarock.com

The Richmond Home Inspector

Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

Toni, thats a good idea and is the point of my post. Whether or not the inspector is honest, experienced, and thorough, their contract should be read, and careful consideration should be used before a chosing an inspector who limits his liability to the fee paid for the inspection.

Glenn, I have read about this on multiple forums including Joe Ferry's.  I don't believe that most inspectors would ever missing something as obvious as a bad roof, but there are other issues that can be missed due to complaceny, distractions, or as the post alludes to, just not being in a good inspecting mindset.  The liability should not be limited to the fee paid for the inspection. I applaud you for removing the clause in your contract.

Sep 19, 2013 02:13 AM
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

As an Exclusive Buyers agent who gives homebuyers advice and recommendation, we are ultra picky about inspectors and have tried dozens that we would never use again.  I find that Mike knows more than most of the inspectors that we have tried and most are not thorough.

One of our requirements is that they first send us a copy of their liability insurance to cover any thing that may be overlooked.

Eve in Orlando

Sep 19, 2013 02:25 AM
Tina Lam
Archers Homes - Santa Clara, CA
Residential REALTOR, Broker - (408) 320-5261

Thanks for the actionable advice.  It definitely helps us serve our clients better.  I'll have to start asking for it.

Sep 19, 2013 02:32 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Over the years I have become increasingly a strong proponent of home inspections.  In fact, I can't recall the last time I closed an escrow without one.  I have a list of inspectors that I like.  I don't think they have skimmed over any issues to please me.  In fact, I often think the opposite is true.  BUT, I am fully in favor of full disclosure on properties.  I'd rather a problem be found before close of escrow than after!

You make a valuable suggestion when you say, "Whether or not the inspector is honest, experienced, and thorough, their contract should be read, and careful consideration should be used before a chosing an inspector who limits his liability to the fee paid for the inspection."

Sep 19, 2013 02:47 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

Myrl thanks for your comment. I don't there there are many inspectors at all skim over issues to please anyone. As I said in the post, these inspectors are few and far between but other inspectors love to hyperbolize their existence.

Most inspectors do a great job but we are all human and we all make mistakes. That's ok as long as the inspector is willing to take care of it appropriately.

You are welcome Tina

Sep 19, 2013 02:54 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Interesting, but I doubt it would hold up in court if the inspector was clearly negligent in his inspection. But then I'm not an attorney nor did I stay at a Holiday Inn last night

Sep 19, 2013 02:55 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

It has been held up in court with varying sucess across the nation.  Finding out if will hold up in court is not the position I would want to be in. You can avoid it completly by simply asking the inspector about it.

Sep 19, 2013 03:03 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

That I had not heard of and I am going to look at the inspectors contract to see if that is so.  I don't think he is doing that though.  It opens me up to exposure if I reccomended him.

Sep 19, 2013 03:07 AM
Dana Hollish Hill
Hollish Hill Group, JPAR Stellar Living - Bethesda, MD
REALTOR * Broker * Coach

Juan - 

Do you have a limited liability clause in your contract? I think most inspectors in our area have one. I think they know that if they miss something like this, the situation will appear on Yelp, and other online commentary sites. 

 

Sep 19, 2013 03:10 AM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Juan, interesting. I didn't know this but now I do! I will ask those that I use. Although I am very particular whose name I hand out, buyers sometimes have their own to use.

Sep 19, 2013 03:13 AM
Annett T. Block
NextHome Connect Realty - Fort Lauderdale, FL
Your NextHome in Fort Lauderdale Beach

Oh...nightmare... we presented a seller three several times where the buyers had the inspector from hell. We as the seller agent had to deal three times with the mistakes and outrages behavior of that home inspector in North Florida.

False statements in the report, outrages request and statements made in the inspection report like "demolition a wall" to get behind for inspection. Removing structural items from the flooring that he can get behind for inspection (sawing beams) and having plastic water pipes labeled as PP-pipes which the home owner almost had to replace.

Standing up for his mistakes-never- the buyers agent has to deal with his issues and he shows not up for re-inspection to solve the problem. Still in business while he teaches classes for the lenders consortium.

Thankfully I moved and have no longer to deal with this guy.

 

Sep 19, 2013 03:33 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

Dana, we do not have this clause in our agreement.

Sep 19, 2013 03:56 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Never had this happen yet in my business but that doesn't mean it isn't happening.

Sep 19, 2013 04:06 AM
Justin Peck
Miller Real Estate - Hastings, MI

I have had this happen one time. The problem ended up rearing it's head 3 years later and luckily it was due to buyer never cleaning gutters and letting limbs accumulate on the roof.

In the short time I have been doing this I had one very interesting inspection story. The guy was very professional, came recommended, and has done a fair share of inspections throughout the area. I do have to say that most homes he did inspect were newer built homes with little problems.

What is funny is he came to the inspection with a collared buttom up shirt, nice dress slacks and a bow tie. He did climb a ladder to the roof, but looked at roof from ladder. He viewed attic only from the ceiling hatch, and looked into the crawl space from the hatch.

Now I understand there are places / problems an inspector can't see like: behind walls, between a finished basement ceiling and main floor flooring.....but to come to an inspection dressed like that!!!???

True inspectors come ready to crawl wherever they can crawl, climb wherever they can climb, do whatever they can fully due in clothing that allows them to.

If they do things correctly they can always pretty easily avoid an future liability issues.

Sep 20, 2013 12:05 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

Good post Justin! You are absolutely correct about the attics and crawlspaces. They can't be inspected from the hatches. It doesn't matter what an insepctor wears if hes willing to crawl around in it.  Inspecting the roof from the eaves is ok in my book. Sometimes I have to do it too. Roofs can be steep. At least he didn't inspect it from the ground!

Sep 20, 2013 04:04 AM
Lori Fishkind
Reliant Realty - Franklin, TN
Realtor

I would think that many states would void the portion of the contract that limits damages.

And, those clauses rarely, if ever, stand up in the fact of negligence. 

Sep 20, 2013 10:06 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

As a side note to commenter #55, I once had a cleaning woman who showed up better dressed than I was. That was surely a telltale sign.

Sep 21, 2013 10:37 AM
Donald Hester
NCW Home Inspections, LLC - Wenatchee, WA
NCW Home Inspections, LLC

Juan, Here you cannot limit yourself. There are inspectors with skills that are all over the board and we all make mistakes.

I have noticed that some of the inspectors that have been doing it for a very long time are actually not the best inspectors. I think they learned some bad habits and never adjusted. So the expierence thing can be over sold also.

Sep 23, 2013 11:15 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

Donald I agree. Someone wrote a post the other day that touting years of experience is meaningless.  You could be a mediocre inspector for 10 years. Who cares?! What good is it even if your the best, if you limit your liability. Everyone makes mistakes.

Sep 24, 2013 10:06 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

It is common practice for inspectors in my area to limit their exposure. I had a recent inspection where the Buyers inspector noted everything and he was wrong on several points. He had never heard of a "floating floor", could not identify hand cut roof framing, and could not find the pressure relief valve on a hot water heater (????). It was the most thorough, misleading, inaccurate, butt-covering inspection I have ever seen. But then again I represent the Seller....

Oct 12, 2013 12:48 AM