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General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

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  #1  
Old 9/28/06, 6:01 PM
sgould sgould is offline
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Default conflict of interest?

I just had a call to inspect a home that I've worked on withing the last six months. I've told the prospective client that I did work on the house. Is this still considered a conflict of interest? Should I ask them to contact another inspector? Thanks.
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  #2  
Old 9/28/06, 6:04 PM
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Carl Pennick Carl Pennick is offline
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Default Re: conflict of interest?

The fact that you done the work before hand, have told your client I cannot see any reason as to why you cant do the inspection. Should there be any work required after the inspection then that's a different matter.



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  #3  
Old 9/28/06, 6:08 PM
Larry D. Kage Larry D. Kage is offline
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Default Re: conflict of interest?

I agree with Carl. IMO, as long as everthing is out in the open, have at it.



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  #4  
Old 9/28/06, 6:41 PM
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James H. Bushart James H. Bushart is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by sgould
I just had a call to inspect a home that I've worked on withing the last six months. I've told the prospective client that I did work on the house. Is this still considered a conflict of interest? Should I ask them to contact another inspector? Thanks.
Steven,

This has bothered you enough to ask the question. What are your thoughts on this?
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  #5  
Old 9/28/06, 6:46 PM
sgould sgould is offline
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Default Re: conflict of interest?

I'm not at all bothered by doing the inspection as long as NYS has no issues with it. I seem to remember some specifics as to recent NY law regarding contractors and inspectors wearing the same hats during a specific period of time.
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  #6  
Old 9/28/06, 6:53 PM
Raymond N. Newman Raymond N. Newman is offline
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Default Re: conflict of interest?

I do not know what work you performed but, how could you be impartial ?
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  #7  
Old 9/28/06, 7:09 PM
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Jeffrey R. Pope Jeffrey R. Pope is offline
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Default Re: conflict of interest?

Yes. It's a conflict.



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  #8  
Old 9/28/06, 7:16 PM
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Doug Edwards, CMI Doug Edwards,  CMI is offline
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Default Re: conflict of interest?

I think if you have to ask, then it is a conflict. Try to avoid even the appear of a conflict. If later on there is a problem with the areas that you contracted for then they could very easily say you were not impartial to those areas during your inspection. Whether you were or not it would be questionable even for the most impartial juror. You didn't say what exactly you did and it may be very benign.
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  #9  
Old 9/28/06, 7:27 PM
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Michael Larson Michael Larson is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by jpope
Yes. It's a conflict.
Is it a conflict if he discloses the fact that he worked on it recently?

It also may not be the same owner at the present time.
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  #10  
Old 9/28/06, 7:36 PM
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Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by mlarson
Is it a conflict if he discloses the fact that he worked on it recently?

It also may not be the same owner at the present time.
It easy to report shoddy work But If it is your work that is not good how can you report it . Roy Cooke
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  #11  
Old 9/28/06, 7:43 PM
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Michael Larson Michael Larson is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by rcooke
It easy to report shoddy work But If it is your work that is not good how can you report it . Roy Cooke
I understand your point but if both parties enter into agreement with all the facts disclosed where is the conflict? That's not to say one may overlook his previous work if he is dishonest.
Shouldn't the buyer bare some responsibility in hiring the HI he chose?

I probably wouldn't do it either but it would depend on a number of factors.

The best advice is probably - if there a question or it doesn't feel right, pass on it.
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  #12  
Old 9/28/06, 8:11 PM
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bdoles2 bdoles2 is offline
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Default Re: conflict of interest?

So if I installed hardwoods in a house 7 months ago, I ethically can't inspect it today ??
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  #13  
Old 9/28/06, 8:31 PM
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Mark H. Roe Mark H. Roe is offline
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Default Re: conflict of interest?

It is real easy to solve your problem. Go back and re-read the law the NYS set up concerning this matter. If your work that you preformed falls in the time frame then you are in conflict with the NYS law. Problem and conflict solved.
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  #14  
Old 9/28/06, 11:14 PM
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Jeffrey R. Pope Jeffrey R. Pope is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by mlarson
Is it a conflict if he discloses the fact that he worked on it recently?
Yes it is. You cannot give an impartial opinion on work you performed as a contractor. The best you could do, short of declining the inspection, is to disclaim and not inspect the areas of work where you provided the service.

Quote:
Originally Posted by mlarson
It also may not be the same owner at the present time.
That would not matter. It's still the same house, regardless of how often it changed hands.



IF YOUR INSPECTOR IS NOT USING THERMAL IMAGING, YOU'RE NOT GETTING THE WHOLE PICTURE ®
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(661) 212-0738
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http://www.MyInspector.net


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  #15  
Old 9/28/06, 11:20 PM
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Joseph Hagarty, CMI Joseph Hagarty,  CMI is offline
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Default Re: conflict of interest?

Quote:
Originally Posted by jpope
Yes. It's a conflict.
Agreed.

You are contracting to perform an assessment of the work that You performed within the home in the last 6 months.

Can you Arguably (Legally) present a report where comments related to your work performance are not suspect?



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