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General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

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  #1  
Old 8/7/08, 10:17 PM
Eric Hyde Eric Hyde is offline
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Default Re-inspections, law suit playground?

Here's a question I've been taking to heart recently and wanted to know what others are doing about this.

Let's say you, the home inspector, recommended electrical work to be done by a licensed electrician. The electrician comes and dones his work and the realtor calls and wants you to do a re-inspect on the home before closing. Is a home inspector really qualified to re-inspect an electrical system after the professional electrician has already done the work?

Or, saying it another way, aren't you putting yourself back in the seat of liability by re-inspecting the system after the professional? What if the electrician missed something, then you miss it, then a month later something goes wrong in the home and you're the one stuck with the liability because you were the last one on the scene?

Anybody see the problem here?
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  #2  
Old 8/7/08, 10:28 PM
Dylan J. Bucknavich Dylan J. Bucknavich is offline
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Default Re: Re-inspections, law suit playground?

Two sides to this coin. First, I only confirm work was performed. I make sure to mention that unless I see the work being done, I just don't know. I also say to get registered contractors and a warranty.

Second, at your initial inspection, who's work do you think you're inspecting? Tradesmen (hopefully) performed a majority of the work you are looking at the first time around. If we can look the first time around, why not the second?



Dylan Bucknavich
Arizona Professional Home Inspection L.L.C.
www.AzProHomeInspection.com
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Nachi ID# 06020796
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  #3  
Old 8/7/08, 10:41 PM
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Bruce A. King Bruce A. King is offline
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Default Re: Re-inspections, law suit playground?

This has been discussed on here many times.

Yes, the last man in has some increased liability.

Yes, electricians do make mistakes that HI's can find on a re-inspection.
Sometimes the work was actually done by a friend or neighbor. I did one that the electrical work was done by the neighbor/licensed home inspector and he had the basic bonding wrong.


If you have E&O with FREA, you will void coverage on all items re-inspected.
Other insurance companies may be the same.

Re-inspections require that you take a list of items and carefully check each item. Distractions can cost you big time on these! I often have to tell sellers or contractors still on the property to "please let me do this alone". (if client has not given you the list of items to re-check in writing you must do the whole list to protect yourself)

Do not sign off on any roof leak or mold related item! No way the house has experienced the necessary weather and time factors to determine anything.
Items such as "recommend furnace servicing", do not sign off on it unless you watched the guy do the service work and know what to look for.

Be aware that many re-inspections will take a long time, you may have to pull covers on a few panels, enter attic, enter crawlspace etc. The travel time, emails, phone calls etc. can all total 2-3 hours average.


Don't be afraid to list new items found, you will find new items on many re-inspections.

If you ever do a re-inspection and think everything is done, stop and recheck, you missed something : )



B.A. King Home Inspections, LLC
York, South Carolina
www.BAKingHomeInspections.com
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  #4  
Old 8/8/08, 12:49 AM
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Default Re: Re-inspections, law suit playground?

The truth of the matter is that 99.9% of the work of an electrician will require a permit and it will be (as it should be) the AHJ who will inspect the work done under the permit and give the official "okay".

So you know - the NEC, as does every city and county ordinance, gives immunity from civil or criminal charges to every AHJ for anything that could possibly come as a result of his inspections. This immunity is NOT given to home inspectors.



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Last edited by jbushart; 8/8/08 at 1:03 AM.
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  #5  
Old 8/8/08, 12:55 AM
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Default Re: Re-inspections, law suit playground?

If you can't be trusted to inspect the second time, I just wasted money hiring you the first time.

The idea of re-inspection is a business decision you must make on your own , depending on the level of service you promise .

You either dis-claim everything and defer or you take the bull by the horns,
If you gotta ask , you may not feel confident enough to do the re-inspection. (make sense)?
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  #6  
Old 8/8/08, 1:44 AM
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Default Re: Re-inspections, law suit playground?

Quote:
Originally Posted by dbucknavich
at your initial inspection, who's work do you think you're inspecting? Tradesmen (hopefully) performed a majority of the work you are looking at the first time around. If we can look the first time around, why not the second?
That is the reasoning I use. Typcially, use the same general criteria and reporting method as you would for the original inspection. (I typcially like to avoid iron clad statements - e.g. condition appeared to have been corrected)



"An expert is a person who has made all the mistakes that can be made in a very narrow field"
Niels Bohr
"Learn all you can from the mistakes of others. You won't have time to make them all yourself"
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  #7  
Old 8/8/08, 2:15 AM
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Default Re: Re-inspections, law suit playground?

Quote:
Second, at your initial inspection, who's work do you think you're inspecting?
Ditto.

If you can find it "Broke" in the first place, why can't you find it "Fixed"?

Lawyers got you all jumping through your @ss!



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Clarksville - Nashville Home Inspector Lic#40
http://www.midtninspections.com
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  #8  
Old 8/8/08, 11:39 AM
Blaine Wiley Blaine Wiley is offline
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Default Re: Re-inspections, law suit playground?

Quote:
Originally Posted by relliott
If you can't be trusted to inspect the second time, I just wasted money hiring you the first time.
Sounds reasonable to me. Good answer.



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  #9  
Old 8/8/08, 11:57 AM
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Default Re: Re-inspections, law suit playground?

You guys who do the follow-up inspections....do you make a trip before the dry wall goes up, then come back when all of the apparatus is in place? Do you charge for two (or more) trips?



James H. Bushart, Certified Professional Inspector

Member, International Code Council (ICC)
Member, American Society of Home Inspectors (ASHI)
Member, International Association of Certified Home Inspectors (iNACHI)
Member, Missouri Association of Building Officials and Inspectors (MABOI)
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  #10  
Old 8/8/08, 12:59 PM
Dylan J. Bucknavich Dylan J. Bucknavich is offline
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Default Re: Re-inspections, law suit playground?

Quote:
Originally Posted by jbushart
You guys who do the follow-up inspections....do you make a trip before the dry wall goes up, then come back when all of the apparatus is in place? Do you charge for two (or more) trips?
Yes. At least half my original fee.



Dylan Bucknavich
Arizona Professional Home Inspection L.L.C.
www.AzProHomeInspection.com
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Nachi ID# 06020796
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  #11  
Old 8/8/08, 1:08 PM
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Erby Crofutt Erby Crofutt is offline
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Default Re: Re-inspections, law suit playground?

Just did one on the electrical panel a week or so ago. Half the original fee.

Stuff was still wrong.

Went back again the next evening, again, half the original fee. It was right this time, but the agent reimbursed the buyer the cost of the second re-inspection as it was the electrician she referred that didn't fix it right the first time.

Minimum reinspection fee here (for me) is $149.00.

If I can tell it's wrong the first time, I can tell it's right the second (or in this case, the third) time.

Doesn't cover hidden work though.
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  #12  
Old 8/8/08, 1:46 PM
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Default Re: Re-inspections, law suit playground?

I agree with most here. Most of my jobs are 15 minutes or less. The % of people that want re-inspections is low, so I increase my fee by $25.00 for everyone and just include a re-inspection. The nice thing about the re-inspection is that people don't get mad at you if you can't inspector something due to stored items or power being turned off.

If you need insurance for re-inspections, go with Allen Insurance. They discourage re-inspections but will cover you.

I would recommend including in your re-inspection report that the standards for inspecting are the same as noted in the original home inspection agreement.

Been doing re-inspections for 8 years and so far no law suits.
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  #13  
Old 8/9/08, 2:07 PM
Eric Hyde Eric Hyde is offline
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Default Re: Re-inspections, law suit playground?

Quote:
Originally Posted by relliott
If you can't be trusted to inspect the second time, I just wasted money hiring you the first time.

The idea of re-inspection is a business decision you must make on your own , depending on the level of service you promise .

You either dis-claim everything and defer or you take the bull by the horns,
If you gotta ask , you may not feel confident enough to do the re-inspection. (make sense)?
I hear what you're saying, but if you take enough bulls by the horns you're bound to catch one in the butt.

I've seen enough over confident home inspectors lose their shorts because they took a blind approach to possible litigation issues. This is one issue I've lived with for a long time, never been sued and I'd like to keep it that way. (make sense)?
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  #14  
Old 8/9/08, 2:10 PM
Eric Hyde Eric Hyde is offline
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Default Re: Re-inspections, law suit playground?

Quote:
Originally Posted by bking

If you have E&O with FREA, you will void coverage on all items re-inspected.
Other insurance companies may be the same.
This is a great point. Thanks for the response.
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  #15  
Old 8/10/08, 2:55 AM
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Default Re: Re-inspections, law suit playground?

Recently our Legal Dept added the following line to the existing InterNACHI residential inspection agreement, the agreement within the Commercial SOP doc pack www.nachi.org/comsop.htm and the online signable inspection agreement system http://www.nachi.org/onlineagreement.htm


"If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement."



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