Builder messed up, and blames me!

[James H. Bushart]

Originally Posted by mlarson

Let me also laughingly point out that when you "do business" at a grocery store or mechanic, they are not your client.

For someone so precise as you imagine yourself to be this is a error.

It would be best to change the COE to remove any obligation to the "client" in the event that no payment is received to remove all doubt IMHO.

Stick to your "outer fringe" posts regarding your goals for America, Mike. This kind of stuff appears to be over your head.

When I am doing business with my grocer or my mechanic...I am their client....and I expect them to conduct themselves in an ethical manner with me...even before they are paid.

[Billy Boerner]

The International Association of Certified Home Inspectors (InterNACHI) promotes a high standard of professionalism, business ethics and inspection procedures. InterNACHI members subscribe to the following Code of Ethics in the course of their business.

1. Duty to the Public

1. 1. The InterNACHI member shall not communicate any information about an inspection to anyone except the client without the prior written consent of the client, except where it may affect the safety of others or violates a law or statute.
   2. The InterNACHI member shall always act in the interest of the client, unless doing so violates a law, statute or this Code of Ethics.
   3. The InterNACHI member shall use a written contract that specifies the services to be performed, limitations of services and fees.
   4. The InterNACHI member shall comply with all government rules and licensing requirements of the jurisdiction where he/she conducts business.

Ok to clear this up once and for all. Will conducted a consultation due to the fact the property in question was not under contract for sale. According to state a law a home inspection can only be performed under contract for sale. Above you will see the CEO and what it entails. Keep in mind...

The CEO represent the home inspection industry. Not consultations.

Let's look at #1

The InterNACHI member shall not communicate any information about an inspection to anyone except the client without the prior written consent of the client, except where it may affect the safety of others or violates a law or statute. -- Since the property wasn't under contract a home inspection was not conducted according to state law. So this CEO rule does not affect Will IMO since he did not do a home inspection.

2. The InterNACHI member shall always act in the interest of the client, unless doing so violates a law, statute or this Code of Ethics. -- Again not contracted as a sale so Will can do what he wants since he did not do a home inspection.

3. The InterNACHI member shall use a written contract that specifies the services to be performed, limitations of services and fees. -- Will should consider this anytime he does a consultation to protect his interest. Again since he did not do a home inspection according to state law the CEO is not in affect.

4. The InterNACHI member shall comply with all government rules and licensing requirements of the jurisdiction where he/she conducts business. -- IMO this is the only CEO requirement will should adhere to since he did not do a home inspection according to state law. Will followed the government rules by conducting a consultation on a property that was not contracted for sale at the time of his appointment.

[Michael Larson]

Originally Posted by jbushart

Stick to your "outer fringe" posts regarding your goals for America, Mike. This kind of stuff appears to be over your head.

When I am doing business with my grocer or my mechanic...I am their client....and I expect them to conduct themselves in an ethical manner with me...even before they are paid.

Just using your own words Jim.

Sorry if that bothers you.

I think you have blown this way out of proportion to what it is and I relish the opportunity to debate it in the ethics committee should that arise.

The simplest solution would be to change a small portion of the COE to clarify the issue.

[mnahrgang]

Originally Posted by jbushart

Stick to your "outer fringe" posts regarding your goals for America, Mike. This kind of stuff appears to be over your head.

When I am doing business with my grocer or my mechanic...I am their client....and I expect them to conduct themselves in an ethical manner with me...even before they are paid.

Agreed, but if you refuse to pay them, then they are under no obligation to consider you their "client" or their customer, but instead to consider you a thief. Their security person has every right to detain you until the police arrive.

When our customer, refuses to pay us, for whatever reason, they are no longer our customer, and our obligations to them end. If they have a report, they no longer have a right to use it, because it doesn't belong to them, it belongs to us.

You go on "interpreting" ethical standards that don't exist. We'll go on pointing out the error of your thinking.

Mike, I like your suggestion. Since you seem to have a pretty level headed opinion on this, may I suggest you put together some wording for the ethics committee to consider for clarification, and submit it?

[Michael Larson]

Originally Posted by mnahrgang

Mike, I like your suggestion. Since you seem to have a pretty level headed opinion on this, may I suggest you put together some wording for the ethics committee to consider for clarification, and submit it?

I'll consider it and see if I can come up with something.

[James H. Bushart]

Originally Posted by mnahrgang

Agreed, but if you refuse to pay them, then they are under no obligation to consider you their "client" or their customer, but instead to consider you a thief. Their security person has every right to detain you until the police arrive.

When our customer, refuses to pay us, for whatever reason, they are no longer our customer, and our obligations to them end. If they have a report, they no longer have a right to use it, because it doesn't belong to them, it belongs to us.

You go on "interpreting" ethical standards that don't exist. We'll go on pointing out the error of your thinking.

Mike, I like your suggestion. Since you seem to have a pretty level headed opinion on this, may I suggest you put together some wording for the ethics committee to consider for clarification, and submit it?

It will be at such a time that your client files his complaint against you that you will have the opportunity to convince the ESOP Committee that you had the "right" to violate the COE because you were not paid. Until then...it's all talk.

[Michael Larson]

Originally Posted by jbushart

It will be at such a time that your client files his complaint against you that you will have the opportunity to convince the ESOP Committee that you had the "right" to violate the COE because you were not paid. Until then...it's all talk.

Easy up Captain NACHI.

Yours is not the only opinion that counts.

[Billy Boerner]

Originally Posted by mnahrgang

Agreed, but if you refuse to pay them, then they are under no obligation to consider you their "client" or their customer, but instead to consider you a thief. Their security person has every right to detain you until the police arrive.

When our customer, refuses to pay us, for whatever reason, they are no longer our customer, and our obligations to them end. If they have a report, they no longer have a right to use it, because it doesn't belong to them, it belongs to us.

You go on "interpreting" ethical standards that don't exist. We'll go on pointing out the error of your thinking.

Mike, I like your suggestion. Since you seem to have a pretty level headed opinion on this, may I suggest you put together some wording for the ethics committee to consider for clarification, and submit it?

Mark,

I disagree. If you have it in your contract that the contract is void if payment is not made then fine. If you don't then your contract still stands and one must hold the information as confidential according to the CEO and in my opinion a court of law.

[James E. Braun, CMI]

If payment is not received, would that break the contract?

[Billy Boerner]

Originally Posted by jbraun

If payment is not received, would that break the contract?

Nope, unless it specifically states so in the contract IMO.

[James E. Braun, CMI]

So if your client does not pay you than you have to service that client?

[Billy Boerner]

Yes IMO. You don't have to release a report however you do have to keep their info confidential IMO. I would simply save my time not write a report and simply file my pictures, contract and notes along with the rest of my reports or in a file which states archived active unpaid something along those lines. Then I would via email request payment about 3 times. Each time I would remind them their info will be turned over to a credit collection agency if they deem necessary not to pay me. If no reply turn it over to the credit collection agency or Credit B. and let it be and write it off as a loss on your taxes. Make sure to keep track of all email traffic.

[Michael Larson]

The lack of a written agreement complicates the issue immensely but I question if any valid client vendor relationship exist in this situation when no payment has been made or agreed to in writing.

[James E. Braun, CMI]

Billy,
But all contracts I have see state that the client receives a written report. How are you getting around that?

[James H. Bushart]

Originally Posted by mlarson

The lack of a written agreement complicates the issue immensely but I question if any valid client vendor relationship exist in this situation when no payment has been made or agreed to.

When, after the inspection the client informed the inspector he would not be paying and the inspector taking exception to this, how in the world do you arrive at your convenient conclusion that no payment was "agreed to"?