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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #1  
Old 12/8/06, 12:49 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Arizona: Square footage must be verified by buyer during inspection period.

http://www.arizonarealestatenotebook...e_verifie.html



Nick Gromicko, Certified Master Inspector

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  #2  
Old 12/8/06, 12:55 PM
bsumpter bsumpter is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Looks like a job for the appraiser.



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Old 12/12/06, 11:40 AM
Keith Swift, PhD. Keith Swift, PhD. is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Brian's right. However, there's always a potential for a lawsuit. and inspectors should pay attention to square footage, not necessarily by measuring but by being alert for any potentially bootlegged additions, which the seller wants to include as legal square footage, but which is not "legitimate" square footage.



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Old 12/12/06, 11:53 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Quote:
Originally Posted by kswift
Brian's right. However, there's always a potential for a lawsuit. and inspectors should pay attention to square footage, not necessarily by measuring but by being alert for any potentially bootlegged additions, which the seller wants to include as legal square footage, but which is not "legitimate" square footage.
"During the inspection period" does not necessarily make this a part of the inspection. If it is not a part of the SOP, it is not a part of the inspection - thus, the potential for lawsuits should be zero to none, as long as one inspects by the SOP, IMO.



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  #5  
Old 12/12/06, 12:23 PM
Keith Swift, PhD. Keith Swift, PhD. is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

True, James, but the point is that standards will serve you in court, but the trick is to avoid being there. Once you've been named you've lost, even when you win.



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Old 12/12/06, 12:37 PM
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Brian E. Kelly Brian E. Kelly is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Quote:
Originally Posted by bsumpter
Looks like a job for the appraiser.
Yeppers

Keith, being State Certified we are not required to, nor responsible for the alleged size of the house. That responsiblity lies with the appraiser and or the county tax assesor.

Last edited by bkelly2; 12/12/06 at 12:40 PM..
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  #7  
Old 12/12/06, 7:39 PM
Keith Swift, PhD. Keith Swift, PhD. is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Agreed, double agreed. My standards absolve me from a mold inspection. In addition, I have my clients initial a clause in my contracts which states that they understand that. Guess who's currently involved in a mold lawsuit? That's right. My point is, if I think the square footage is not correct or may include additions, I'm commenting on it and disclaiming it. I may sound like a paranoid XXXX, but I'm not. I've document judicial abuse in my book Inspect and Protect, which is so absurd as to seem untrue or comical, but unfortunately it's real and I have the case numbers to prove it.



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  #8  
Old 12/17/06, 4:56 PM
Justin Watts Justin Watts is offline
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Default Re: Arizona: Square footage must be verified by buyer during inspection period.

Disclose, Disclose, Disclose...... I "disclose" everything I see.... don't be shy, if something doesn't look right, it probably isn't.

I have inspected so many properties that have unpermitted room additions, garage conversions, you name it! If I see it, I disclose it.... and the FIRST PAGE on my report tells my clients to "VERIFY" all City/County Building Permits recorded on the property..... and if I am "alarming" them to a "probable" unpermitted room addition then the responsibility is up to them to deal with it.....

Let the agents, the appraisers, and everyone else get sued.... They can try to suck me in all they want... but my report will have it all "disclosed"....
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