International Association of Certified Home Inspectors|
#31
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There actually are very few problems in our houses, all things considered, especially the number of houses. And who cares if one person gets sick, or is otherwise injured or killed? Very few people, actually. Until that one person is you or someone in your family. Then it's a much different story, isn't it? I tend to look out for my Clients, so I'm not ashamed to point out the worst-case scenarios for them. In fact, they quite appreciate it from what I've been told. |
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#32
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Please Note:
rmoore is a non-member guest and is in no way affiliated with InterNACHI or its members.
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DO NOT ever infer that I have anything less than my clients well being in mind. |
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#33
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#34
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I do know of one home inspector who was sued in small claims court for damaging a priceless heirloom or some such by moving it, and my E&O provider has other horror stories, as well. As with anything we do in our profession, do the best you can for your particular circumstances. My circumstances demand that I pay attention to what my E&O provider and my attorneys advise me to do and what not to do. If there is something that I cannot do, I let my Clients and/or their Realtors know. If they then choose to do something that I cannot, that is there prerogative; perhaps they have better insurance than I do or they are not as smart as I am or they don't care or they ignore advice from their counselors. The major brokerages here also instruct their agents not to move things during their visual inspection, during open houses, etc. I not only inform my clients, but I also educate them in my Interactive Report System on CD: Quote:
Eventually, I'll also include reference lawsuits so that they can even more fully understand why we do what we do, and why we don't do what we don't do. |
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#35
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Hi. Russel;
Why would anyone go to court an lose when the documentation was presented at the time of the Inspection, and why would he be penalized in Court for not having E&O.? I fail to realize why having insurance or not for Errors and Ommission has to do with it. I guess, I am confused of the system and logic. Marcel |
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#36
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One is not penalized in court for not having E&O. One is penalized during the process and, possibly, at judgment time for not having E&O. If I didn't have E&O and got sued, I would immediately be out $5,000 because that's what all the attorneys here charge as a retainer to even consider working on a home inspector case. And very few attorneys take credit cards, meaning that I'm out cash or I'm getting a $5,000 cash advance on a credit card, at exorbitantly high cash-advance interest rates. That $5,000 retainer fee would be picked up by my E&O insurance provider allowing me to keep it in my business account and keep working. And if one loses the case, one then has to pay the judgment. My E&O provider picks up the cost of the judgment minus my deductible. Does that help? |
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#37
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Please Note:
rmoewe is a non-member guest and is in no way affiliated with InterNACHI or its members.
Earl, Was it leaking? Did it drain okay? These are the two biggest questions you need to ask yourself, when you see this type of setup. Yes, it has a flexible drain, BUT how much of a bend is in it. It does not look like a whole lot. I would write up the flex pipe as an informational item. Something like:
The sink employs an unconventional, flexible drainpipe that could contribute to blockages. |
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#38
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Thanks Rray;
Now I am somewhat less confused. I thought that the judiciary system was to protect the inoccent until proven guilty. Like reading your posts. So if you are not guilty, why would it cost you $5000 to be acquitted of such claims.? Thanks for your response. Marcel (from the opposite side of the Country.) |
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#39
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#40
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That's true. But there is an expense in proving who is innocent and who is guilty. That's the nature of our justice system, and while it is not perfect by any stretch of the imagination, I do believe it is the best the world has ever seen. And the system does take into account frivolous lawsuits and the innocent because the system can award damages (attorneys' fees, etc.) to the innocent. O.J. Simpson spent about $34 million, I think it was, to prove that he was innocent. |
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#41
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Thank you Russel R.
That explains to me that the Judiciary System can make you or break you, wether you are innocent or guilty. and yes $35 million dollars would prove you inoccent. Thanks Marcel |
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#42
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Exactly.
That's why it is very important to carry appropriate business insurance. It's no different from insuring your only car. If you get into an accident without insurance, it can make you or break you. However, if you have insurance, then you get a rental car free or at a discounted rate and you're still able to go places (like work) and do things. Same with life insurance. If you die without it, it can make or break your family (children, etc.). If you die with it, they'll be eternally grateful. Same with home insurance. If your place burns down without it, it can make or break you. If you have it, you typically get a per diem for hotel costs, clothes, meals, etc., and a new house. Insurance, insurance, insurance. We all hate it until we need it. Then it was the best dollar we ever spent. |
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#43
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Thanks for the help R. Ray; This scenario soulds like a wife, can't live with them and can't live without them. ha. ha. Thanks, Marcel |
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