Walk-through consultations

[Joe Funderburk, CMI]

Originally Posted by kgerhauser

Clients pay $99 for 1 hour of my time at the home, and I tell them the conditions I see.

Who determines WHAT you look at during that hour? This sounds like a lawsuit waiting to happen to me.

[Stephen W. Stanczyk]

These are allowed in Washington under the new HI laws.

""Preoffer consultation" is a verbal report that is limited in scope performed by a licensed home inspector. A preinspection agreement must be signed by the client and describe the limited scope of the consultation. This preoffer consultation is conducted only prior to mutual acceptance."

[lvass]

Does anyone know what the issue about this in Colorado?

Leah Vass
Dolores, Co
Southwest Inspection Services

[Erol Kartal]

Originally Posted by ldapkus

If you don't have a written report, why a written contract??? Do it for cash only and you're good to go.

Just be sure your State does not recognize implied agreements.

[Joe Farsetta]

So when I do a 203k inspection, (very similar to an HI), under the federal authority of HUD, I am in violation?????

I do not believe so, as the Fed occupied the space prior to the law. One must be licensed by the Federal Government to perform a 203K consultation, which carries a different set of reporting and inspection requirements, as defined by Federal law.

You should ask the enforcement manager...

[Karl E. Gerhauser]

As it turns out the enforcement manager I was speaking to is poorly informed. He was the one who told me mold inspections, energy audits and 203k consultant inspections violate OAR 812. Under the advise of my new attorney, I am not to say too much more right now, but the matter may be soon resolved. Hoping for total exoneration. It turns out this subject was brought to the board earlier, they chose to not make a ruling. Don't see how I can be in trouble for something that has not been ruled on. Hope Hope

[Larry D. Kage]

Originally Posted by kgerhauser

As it turns out the enforcement manager I was speaking to is poorly informed. He was the one who told me mold inspections, energy audits and 203k consultant inspections violate OAR 812. Under the advise of my new attorney, I am not to say too much more right now, but the matter may be soon resolved. Hoping for total exoneration. It turns out this subject was brought to the board earlier, they chose to not make a ruling. Don't see how I can be in trouble for something that has not been ruled on. Hope Hope

All the best Karl...

[James F. McKee]

good luck Karl

[John McKenna]

Texas does not allow you to call your self a consultant, if you are giving
opinions of the condition of a house being considered for a sale. It is illegal
to do undocumented and standardless inspections under any label
(aka... consulting).

Talk to TREC, not me. This has been covered on their website.

Q. What requirements does TREC impose on inspectors/consultants who perform maintenance consultations? For example, if a homeowner wanted to hire a consultant to perform a cursory, major defect visual inspection, including the foundation, roof, plumbing, electrical, and major appliances, would TREC require any written report?

A. TREC's jurisdiction over real estate inspections is limited to inspections performed for a buyer or seller of the property. If the inspection you are proposing relates to a purchase or sale transaction, then TREC's Standards of Practice would apply, and a written report would be required. If the inspection you are proposing is not in connection with a purchase or sale, then TREC's requirements would not apply, and the parameters of the inspection would be governed by the agreement between the inspector and his or her client. For further information, please see Sections 1102.001 and 1102.002 of the Texas Occupations Code and rule 535.223 of the Rules of the Texas Real Estate Commission for further information.

http://www.trec.state.tx.us/inspecto...tor-recent.asp

[William J. Decker]

Originally Posted by ldapkus

If you don't have a written report, why a written contract??? Do it for cash only and you're good to go.

No. Linus.

State law!

According to the state SOP. to be a "home inspection" under the stat law, there conditions must exist:

1) As part of a RE transation (i.e. contract of sale executed).
2) Inspect 2 or more systems.
3) For a fee. (even if the use cash).

If there is no active Re contract of sale, it is not a home inspection.

If you do not inspect 2 or more systems, not an HI.

If you are not paid (in ANY way). I have done inspections for my niece and my mother in another state, where I am not licensed, but I refused any pay (even tolls for the expressway).

Don't try to be a smart guy. Do it for free or don't do it.

Investors can have a reduced price, if the contract states that you will only do a limited inspection, but you MUST produce a report if there is a contract of sale in effect and you get paid.

Hope this helps;

[Nick Gromicko]

I can't see how, in licensed states, anything less than a full SOP inspection is possible with one exception in several states. That exception being single-system or single-component inspections. In other words, a client could have you look at only the roof of a property, but not only the roof and HVAC system of a property.

[Bruce A. King]

NC and SC both allow less than full SOP inspections as long as the exclusions are agreed upon in writing. I can't imagine anyone not inspecting the most important items and areas for a client since the client may not realize the risk. The cost savings is small so its not a wise request by a home buyer to do anything less than the full SOP. I could see where an investor might want an inspector to drive by 10 houses just to check the roof and age of the HVAC since these are items that house flippers hate to replace and have no problem in dumping on buyers who fail to get an inspection.

[Karl E. Gerhauser]

"The cost savings is small so its not a wise request by a home buyer to do anything less than the full SOP".
Although I agree with Bruce's statement, this area is so rural, everyone has worked in a lumber mill or as a carpenter and think they know what to look for. According to some agents in the eastern part of the county, "more than 50% of the sales are going with no inspection at all".

IMHO, any partial inspection protects the buyer better than no inspection. I do agree with the value of this type of inspection, but not the legal pitfalls.

[David A. Andersen]

It turns out this subject was brought to the board earlier, they chose to not make a ruling.

That was a poor call on their part!
Obvious they are making laws about that which they know little about.

Under normal situations, I see no reason to not to do a full inspection.

But there are many times where a client need specific information, not a full blown inspection. They should be able to receive this inspection if properly contracted for.
The state should not concern themselves with this if it is properly documented and the client understands what they are contracting for.

[Russell J. Hensel]

I never do stuff like that...where is the profit? Drive there, drive back spend an hour...sound like about maybe $50 an hour to me. I tell them I don't do stuff half assed. Always remember...NO GOOD DEED GOES UNPUNISHED!