Please opt-in to my newsletter

[Joseph A. Ferry]

I am starting a free monthly newsletter that will provide news of interest to home inspectors, including legal tips derived from my Law and Disorder Seminar and schedule of upcoming seminars and FREE teleseminars that I conduct with industry leaders.

The mailing service that I use to distribute the newsletter requires that prospective subscribers affirmatively opt-in in order to avoid spam.

If you wish to be on this mailing list, you must opt in. Please click here to opt-in to receive this newsletter.

Thanks.

Joe

Joseph A. Ferry, Esquire
Two Penn Center Plaza
Suite 200
Philadelphia, PA 19102

215-854-6444 tel.
215-243-8202 fax

[mdeluca]

Whats the link to opt in?

[Michael Larson]

Joe, you didn't post a link

[John J. Passailaigue, Jr.]

Looking on how to join.......and it appears that I am not the only one.

[Joseph A. Ferry]

DOH!

Here it is.

[Bruce A. King]

thanks, looking forward to this.

This may not be a favorite topic with lawyers but we really need some good information on how to go about filing complaints against lawyers for filing frivolous documents with the court system. Any laywer who takes money from a client associated with home inspections that does not know anything about home inspection SOP's etc should lose their license. From what I have read, this appears to be one of the biggest problems in this industry right now. I have not had any direct experience with this but will go after the attorneys license very swiftly when it happens.

[Joe Farsetta]

Bruce,

Unfortunately, representing yourself pro se can be a bit scary for those who know nothing about it. Additionally, if you have E&O many carriers require you to automatically tender the complaint to them upon receipt and due notification.

While it is absolutely true that a lack of knowledge regarding SOPs by attorneys is problematic, I suspect that many attorneys simply hedge their bets regarding settlements with insurance carriers over even frivilous complaints.

But, attemping to wrest an attorney's license will be difficult, and can generally only be done by the Bar Association.

Now... Arbitration and mediation clauses often compel the complaning party to stay out of court first. This is where we have achieved success with the ADRS product. We have qualified neutrals spread across the US, and have assisted manyinspectors and homeowners.

ADRS is also pretty cheap, even before the discount. One subscribes to the service, which gives them access to low-cost, efficient arbitration and mediation services. When compared to what most charge, our arbitration services are a fraction of the rest. The best part is that our neutrals have a thorough understanding of this industry, as we ONLY arbitrate and mediate inspection disputes.

We are also starting a free newsletter which will contain stories from those who have been sued and put through the process, absent of the benefits of arbitration. We will also include articles pertaining to defense strategies and defensive inspection techniques.

At $45, this is a GREAT deal.

[Bruce A. King]

Sonds good, but would most people want to let ADRS handle their complaint when ADRS seems to be affiliated with an association that caters to inspectors?

[Joseph A. Ferry]

Originally Posted by jfarsetta

At $45, this is a GREAT deal.

Duh!

True story.

I'm out at INACHI HQ in Boulder this past winter. Joe Farsetta happens to be out there at the same time.

I hear him talking to some aggrieved client of a home inspector. Hearing only one side of the conversation, I conclude that Joe is talking someone off of a ledge - a claimant who doesn't really have a legitimate claim but thinks that she does. Joe's trying to keep the claimant from wasting a lot of money on an unwinnable claim.

After he hung up, it turned out that he was counseling someone who did not have a claim to fuhgeddaboutit. Coincidentally, I was representing the HI against the very same claimant.

Let's just say that my approach was . . . more . . . adversarial.

I sent the claimant's attorney a go-away letter and he did.

But the claimant persisted. He filed a small claims court complaint. The HI represented himself with my guidance.

Original claim: $15,000. I told the attorney to get out of our face. He did.

Claimant went to Small Claims Court. I told the HI what to do.

Result: Verdict $300. In other words, "Get the &*^% out of my court!"

[Joe Farsetta]

Yes, Joe. Very true story.

Bruce,

I said we only arbitrate HI complaints, not that we were only home inspectors. Big difference. Also, we are not a part of NACHI, at all.

[Joseph A. Ferry]

Joe provides a good service for not a lot of money.

Many HIs would benefit from ADRS's services.

Bear in mind that he is completely neutral. That may surprise [upset?] some people. Expect to lose if you are in the wrong.

Even if you are insured, it's worth $45/year to get his opinion on a claim. I would love to have my clients get the benefit of Joe's insights on a claim.

I'd like to get them myself. Of course, he won't charge me. Right, Joe? Right?

Just kidding. Sign me up!

[hlowe]

Hey Joe!

I just want to say thanks. I think $45. is a great price for peace of mind.

[Joe Farsetta]

Joe, my friend, you can call me for just about anything, at anytime. You know this.

Back to Joe's story, though...

Actually, I was getting ready to shoot a NACHI.TV segment, when Lisa asked me to field a call from an irate client of a NACHI inspector.

When I got on the phone, and was hit with a barrage of ********, I realized who I was speaking with. It was actually the wife of a former client who fired me for complaining that he had cancelled the 3rd scheduled inspection in a row, with little notification.

Without getting into too much detail, this client was one of these people who are willing to sue their way to the top. Although the matter did not involve ADRS, I went through the process of explaining what I felt was needed to be proven to assign liability. Mind you, the liability I am speaking of was relatively minor in comparison to what she PERCEIVZED they were entitled to.

Glancing ( and I believe slightly grinning) from the desk across the aisle, was Mr. Ferry, who watched my fuse burning. The more I tried to reason with this lunatic, the madder she became. There comes a time in most adversarial conversations (this didnt START out as adversarial at all) where one party realizes that there is no winning the argument. That is when the decision needs to be quickly made as to end the conversation, or EXPLODE.

I chose to end the conversation. I was representing NACHI at that moment.

Joe and I had a nice chat immediately afterward. I offered to be his expert witness on this case, if he needed one, for FREE...

I was definitely no longer neutral at that point. These a-holes needed to be put down, and HARD. It was a prime example of what is wrong with our profession, in that we become convenient targets, and BUYER BEWARE no longer exists. This inspector was lucky to have Joe Ferry on his side.

Bizarre set of circumstances and a definite coincidence.

After hanging up, I thanked my lucky stars that this fool had fired me prior to ME being the inspector on the receiving end of this ridiculous lawsuit.

I suspect it mattered not who the inspector was in this case... a decision was made to sue no matter the report content or the outcome.

But, there is still hope. Sooner or later, what goes around comes around. His time will come.