Real Estate Blog - Thanks, But No Thanks…

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Thanks, But No Thanks…

Many of you who follow my blogs, know that last Saturday I wrote a post about an attorney who was selling his house and he threatened to sue me because of issues that I put in my report that his inspector did not find a year ago. (Click Here to Read Post) Well blow me down, late Monday evening I get a call from the seller. To cop a phrase from the NFL, “Upon further review” of the structural, electrical and plumbing issues I addressed, it seems as if the original inspector missed these issues or failed to put them in his report.

Rut-Ro! I say that because now the seller wants to use my report as leverage against the original inspector and he wants me to testify that this guy was negligent in his duties as an inspector. Furthermore, he said that he wanted to hire me to inspect the house that he was buying.

Now, I am flattered that he apologized for ‘jumping the gun’ and presuming me guilty before I was found to be innocent, what a concept for an attorney. But, I told him that this business is a trust business, I have to trust my client and vise versa. I told him that because of his previous actions, I do not feel that I could do my job without feeling that I would be under duress and would not be able to perform my job professionally or objectively. I did offer other inspectors names that would be able to serve him well. He was taken aback by my refusal but he said he understood and he apologized again for his unprofessionalism. As for testifying against the other inspector, I told him I would if I was subpoenaed.

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Michael

Posted by Michael Thornton - Nashville, TN area Home Inspector on 09/24/2008 05:00 AM

Comments (31)

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Originally posted at: Michael's View: Thanks, But No Thanks…

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31 Comments on Thanks, But No Thanks…

SEP

2008

The mentality of this person is what gives lawyers a bad name. :) He is what I would call "sue Happy" he is looking for someone to blame for what ever isn't to his liking. I think I'm glad he isn't my client, it would be awful to have to watch every word you said for fear of being sued for misrepresentation of some minor fact.

I'm glad he called and apologized. Bit confused though...in my neck of the woods the inspection report belongs to the buyer as they are the ones hiring the inspector and paying for the report. Is it the norm in your area that the seller is given a copy of it?

99% of lawyers give the other 1% a bad name. Great way to handle this situation and I think you did the right thing. I wouldnt want someone that flew off the handle with me as a client.

Kris, No! When the clients and their agent submitted their repair contingency, the attorney intimidated them into giving them a copy of my report...

Yup- I would not touch that one with a 10 foot pole- He will probably "sue" you for something else down the road. Laura- pray tell, where is that 1%?

What a week for you! Sounds like you handled it perfectly.

Yes Penny, it has been a week of Monday's for me. Hopefully, things will get over the hump today...

Michael, what an adventure. I would run the other way without blinking or hesitating. Good for you for just saying "no." :-)

What a great post. Good for you. Some people just use their positions to try and bully others. Love this post

Michael - a good way to handle this. Smart move on turning down the inspection. You already know this guys mindset.

Michael - As a realtor I can tell you that when corrective action is requested, it's standard practice for the buyers agent to give the inspection report to the listing agent as proof. You handled the lawyer in a professioanl way, and that's probably what surprised him. I probably would have just laughed at him.

HHhmmm, I wonder if you will be subpoenaed in the near future?

Sean Allen

Another great post, bravo, bravo. Boy, am I learning and what a great teacher.

Question, last night in class they told us that an inspector only goes out early on in the process, but it would be a good idea to hire him to go thru the final walk thru the day of the closing to make usre all repairs were done.

Now is this a good practice I should start right off with my clients?

Michael,

I think you handle the entire situation start to finish perfectly. I would have refused to work for this guy too. You gotta think your going to be the next person he sues. Again nice job!

I think you did what was called for. Some attornies think they are bullet proof.

At times I wish I were an attorney because some people tick me off. :)

Well all I can say is "Bubba" would be proud!!!

your friend in Charlottesville!

Just one more reason to dialike lawyers....insert sleazy lawyer joke here....Kelly Willey

Michael, you handled the situation very well and I'm glad it all worked out for you. Thanks for the update.

Well Micheal, I'm glad everything turn out OK. You're right in refusing to do an inspection for him. One just never knows. ~ Newbie

Congratulations on being the consummate professional I have come to know you as. I have turned down listings for the same reasons. Sometimes, it's just not about the money!!

Good for you Michael. I would not have felt comfortable with him for a client either. Congrats on not being bullied.

Good for you Michael, sticking to your guns and playing by the book. I would have done the same thing. We need more people like you in this world and thanks for the post.

I cannot blame you one bit for "thanking, but no thanks." That would be a lot of pressure in a situation that could be tense anyways. Yikes. Happy Monday right?

Michael, the high road is always the better way as long as you not in the way of an oncoming truck.

Good call

Michael, please consider this a virtual and congratulatory slap on the back. Way to go! I just love a firm stand on principle. If you ever get out to Prescott, Arizona, look me up and I'll buy you a meal.

Michael - you never cease to amaze me - well done. I think you handled the situation perfectly; by refusing to do his new home inspection, you have shown your good character, and willingness to sacrifice your income in favour of professionalism Should your character be brought into question, your level of professionalism will go far in your defense.

SEP

2008

What a tool. All he had to was read your report.. if he thought there was problem he should have just crawled under the house himself.

Michael,

How do we inspectors get in these weird situations. I had one where, if I went out on the balcony, the seller said she would lock me out and I would not get back in. It was a rather poor balcony inspection with tons of disclaimers. She was like that all over, no water to be run in sinks. She was obsessive compulsive as it turns out.

SEP

2008

I like what one of the Supreme Court Justices said the other day (loosely quoted), "When a society is run by lawyers, there's something wrong with society."

Good for you... who needs that kind of grief? With any luck this will have taught him a valuable lesson... don't jump through your a$$ before you have all the facts.

SEP

2008

Can you say -- Sue Happy? How about - Own your own!! Wow-- the gall of some people! I am shocked that it flipped flopped the way it did and someone is looking to blame the other so quickly...

Impressed you handled it the way you did and so professional. Kudos to you Michael!

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