Question about disgruntled agent

[William J. Decker]

Had a client that I did an inspection for back in June of 2011. It had rained for a couple of days before the inspection and was drizzling during the inspection. I did notice, using thermal imaging, a roof leak at the front, sloped, composite tile roof area, but no other roof leak issues.

Agent calls me a couple of months later and says that the cleint is complaining about some seperating crown molding in the 2rd floor pentout area, under a flat roof. I did call out some bad caulking on the parapet wall metal cladding. I went out and looked and no real moisture was present. Client was somewhat PO'd that I didn't find this.

The other day the cleint sent me an e-mail about the problem getting worse and, while specifically stating that he had no recorse with me, he did want to explain how upset his wife was.

Today, the agent calls and just keeps yelling. "How come you didn't find this, I have to pay $20,000 to have this fixed, Another inpector found 60 issues that you missed, I am putting in a claim against your insurance", it just went on an on. Finally, I gave her my lawyer's number.

My point is that a) it was raining alot before and during the inspection and I did find one roof leak during the inspection, b) if this other area, which has only minor water intrusion issues (separating crown molding, but no water stains or moisture meter readings showing water), it could not have been leaking at the time of the original inspection and c) I did call out the parapet cladding caulk issues.

And why is the agent getting all upset and threatening a law suit if the cleint is not?

Comments?

[Michael Larson]

Why is the agent claiming she will have to pay $20,000 and for what?

[William J. Decker]

Originally Posted by mlarson

Why is the agent claiming she will have to pay $20,000 and for what?

I don't know. She was not being coherent enough to find out. It was just non-stop yelling and threatening.

[James H. Bushart]

Sounds like your client could have hired a lawyer who contracted a follow-up inspection to yours and is going after the used house salesman for negligent referral (and her own E&O is not covering negligent referrals). That would be the only way, IMO, that she would have a claim (perhaps not legitimate) against your E&O policy since she has incurred the loss.

[Jeffrey R. Pope]

The agent is not your client. You have no obligation to her, and your insurance company will tell her to pound sand.

[Bob Elliott]

Did you call for a Licensed Roofer to examine the roof ?

[William J. Decker]

There is no contract with the agent, therefore no liability. Around here, referrals are not a caouse of liability.

My point was that there was no problem, at the time of the inspection.

[Gary Farnsworth]

Car batteries fail. Tires blow out at any time. Things can, and do happen to any home at any time. This is the nature of home ownership. Weather conditions change often, and can affect any home at any time.

You do not know what was negotiated after your inspection, or if the buyer bought it as is. That is the agent's client to buyer problem; not yours. Your duty was to the buyer; not the agent.

[Bob Elliott]

Originally Posted by wdecker

There is no contract with the agent, therefore no liability. Around here, referrals are not a caouse of liability.

My point was that there was no problem, at the time of the inspection.

Then the only damage is an Agent referral source.

The only thing to do is ignore or send a well worded statement.

[Jae Williams]

She is going to "put in a claim against your insurance"??

Hmm...most interesting.

I hope it works---man, I'll "put in claims" against everybody's insurance. Sooner or later some company (or more) will pay off!!!

[Jeffrey R. Pope]

Originally Posted by belliott

The only thing to do is ignore or send a well worded statement.

"Ignore" would be my advice. A "statement" is completely unnecessary and would only serve to inflame the agent.

[William J. Decker]

I referred her to my lawyer.

[James E. Braun, CMI]

Wow, Will, you sure have gotten some crazy people coming after you over the years! Maybe your orange shirt is attracting them like a bug zapper.

[William J. Decker]

After going back over the report, seems that I did call out the bad flashing on the penthouse parapet wall and recommended evaluation and repair by a licensed roofer. Maybe the agent told the buyers not to bother and that is why she had to pay for it.

I never liked her, anyway. Too flaky and fly-by-night. I once inspected a condo for her, a luxury 3,200 SF condo on the gold coast. The master bath had a freakin' chandaleer over the triple wide whirlpool tub and I called it out. She told the clients, after I explained the issue, that it was OK and not reauired to be replaced because as a home inspector, I had no authority to make them change it (the, apparently, liked it the way it was). Stupid clients die in stupid ways, I guess.

[Robert W. Jude]

are you sure the agent was not alos the seller? that would be the only way the agent could possibly have some liability