InterNACHI Counsel In House Today

Hi Folks,

I am spending the day at InterNACHI, so if you want to post questions, I will try to monitor and respond. If members want to phone me, call my number today at (303) 955 6128.

Here is your opportunity to speak with a lawyer that specializes in inspections. You can’t get this any place else.

Free for members.

Nick your generosity seems to have no limits.

I wish I had a question :slight_smile:

I am furious at our legal system I recently was a expert witness in a case we lost concerning moisture intrusion. My side presented documented moisture readings testifying against the builder was my self another general contractor a licensed engineer and a factory rep for tyvek we presented pictures of mold growing in the wall after destructive testing was performed. The jury was polled after the case and 3 jurors stated the reasoning for the decision against the home owner was he had more money than the builder as he was a doctor. This is a boat load of crap if I ever saw it

And to make it even worst when selecting the juors one of the questions that was asked do you personally know any of these people and one of the jurys lied, found out later she actually knew the builder personally

I think the judge should throw out the case and hang the jury

If I use a IR camera at my inspections as average routine am I now obligated to do so at all.

Been told the Judge looks for consistency of routine when anything is done outside a stated SOP be it association or personal.

That’s a good question, Bob. I will reply in the member’s only section.

I’m sorry to hear of your bad experience. This is a an example of the risk that is inherent when a party decides to go to trial. Anything can happen at a jury trial. Those who are in litigation and considering whether to settle the case should consider the risk of an unpredictable outcome at a trial. There is always an element of uncertainty. Maybe the losing party’s attorney will be able to obtain relief through appeal or post trial motions.

I’m sorry to hear of your bad experience. This is a an example of the risk that is inherent when a party decides to go to trial. Anything can happen at a jury trial. Those who are in litigation and considering whether to settle the case should consider the risk of an unpredictable outcome at a trial. There is always an element of uncertainty. Maybe the losing party’s attorney will be able to obtain relief through appeal or post trial motions.

What is the #1 legal mistake home inspectors do ?

Fail to use InterNACHI’s pre-inspection agreement.

10-4,by the way my wife felt bad for you, said boy guys shoes are in bad shape and wanted to send your a care package, finally convinced her you have plenty of shoes!!!

Hi Mark & thanks for your service. I was unable to find the answer to Bob’s question. Have you posted it yet?

http://www.nachi.org/forum/f6/reply-bob-elliott-re-doing-more-than-standard-practices-require-79614/

Thank you for the first reply Mark.
Question two is does a time stamped photo actually help protect an Inspector from liability or as some have mentioned are they so easily faked as to be useless.

I realize a standard issue shot is great protection however “again " curious” about time stamps.

THX Bob.

Nothing you do is “useless” simply because “it can be faked.” The size of the subset of plaintiffs who are willing to commit forgery may be arguable, but it is nevertheless a subset.

You are only given access to the house one time on the date of the inspection so why would “faked” time stamps on a photo even be a legal issue?

I take pictures of the thermostat before and after I play with it.
[That is one example]

Good thinking. The one PIC I used to take, that didn’t go into the report but that I saved to cover my ___, was that of me adjusting the lock set to the “locked” position before closing the front door on my way out. If you have a lock box key or keypad, you should take a PIC of you returning it to its “locked” state. Perhaps your hand pointing to the oven being in the “off” position (if you check appliances) would be another good PIC to take.

Yeah I cough cough heard some guys show keys going in the lock box as well.

Had a video prove a furnace was working because it was taken as I left the basement with my client at end of the inspection.
That seller was mad I called for a new porch system which ran over $15,000 and was negotiated so at the time he claimed I ruined the furnace or left it off (forget which).

Just telling him I had the video was enough and found out his cousin lived in the claimed unit effected.

Using a few bucks in aux space is well worth it.