International Association of Certified Home Inspectors

Scott A. Hand · #1 5/15/09, 4:57 AM

Out of the kindness of my heart, I have issued a full refund to one of my clients who was unhappy about my inspection because I didn't fill the sump pit with water this winter during the inspection of the home which had the water turned off to it which adversely affected the proper operation of the pump when a hard two days of rain fell flooding her basement. In doing this, do I want to have the client sign some sort of release so that I am not liable for any future claim? Or would it be better business to refund the client as promised and still stand behind report?

I am leaning toward standing behind it, because I believe it is a strong report.

I'm all about doing what's right and in this particular case this is what needed to be done.

Is there any kind of letter for the client to sign releasing me? Would love to see something like this at least for future reference.

Would a release form really take my liability away since the report DOES still exist?

Any feedback would be appreciated?

Dominic J. Maricic · #2 5/15/09, 6:05 AM

I think there was just a big thread about how you can't be responsible for a sump pit when and testing it when the water is off. Are you supposed to carry a 5 gallon bucket of water with you?

I would get a release legally as issuing the refund could be seen as an admittance of wrong doing.

Scott A. Hand · #3 5/15/09, 6:12 AM

I think I started that thread!

Did you see anywhere on here where I could get an idea of what to say in a release?

Dominic J. Maricic · #4 5/15/09, 6:19 AM

http://www.nachi.org/forum/f6/fee-re...anguage-31866/
http://www.nachi.org/release.htm
http://www.nachi.org/forum/f6/client...uestion-23562/

A few that touch on it.

Dominic J. Maricic · #5 5/15/09, 6:19 AM

I'm going to bed, and you're an hour ahead of me. Get to sleep!

Wayne B. Wilson · #6 5/15/09, 8:08 AM

Quote:

Originally Posted by shand

Out of the kindness of my heart, I have issued a full refund to one of my clients who was unhappy about my inspection because I didn't fill the sump pit with water this winter during the inspection of the home which had the water turned off to it which adversely affected the proper operation of the pump when a hard two days of rain fell flooding her basement. In doing this, do I want to have the client sign some sort of release so that I am not liable for any future claim? Or would it be better business to refund the client as promised and still stand behind report?

I am leaning toward standing behind it, because I believe it is a strong report.

I'm all about doing what's right and in this particular case this is what needed to be done.

Is there any kind of letter for the client to sign releasing me? Would love to see something like this at least for future reference.

Would a release form really take my liability away since the report DOES still exist?

Any feedback would be appreciated?

My understanding to be sued you have to be paid. In short you gave payment back so you provided services free
Best to email Mr Ferry and ask him

Dennis McAuley · #7 5/15/09, 1:33 PM

Scott,
Sent you and email on my verbiage.

Steven C. Meyer · #8 5/15/09, 1:40 PM

Being that you refunded all the inspection money. Get a release of all claims, thus they can not come back again with another "problem". Release of all clims means they have been reimbursed for the sump pump, and have no future claims against you for anything.

Bruce M. Graham, III · #9 5/15/09, 3:22 PM

I may be missing something here but, how does the water being off adversly effect the sump pump? what was the time frame from the inspection to this 2 day rain? did it not rain at all in between?
At the time of the inspection the sump pit was dry and the water was off, testing a dry pump can damage seals, have the pump tested for proper operation before closing. No refund