Sued and lost...

[Vern Mitchinson, CMI]

Originally Posted by tadshead

Here is the judgement as put out by the court;

http://www.courts.gov.bc.ca/jdb-txt/...09BCSC1515.htm

From everything I can see, the guy really asked for this to happen.

First off, he was rude to his customers at the inspection. Yes, its a ***** when someone doesn't show up on time for an appointment, but ******** your customers out is a good way to make sure they have a grudge against you.

The inspection itself is a little difficult to critique seems we don't know if there was free access to the issues he missed, but we can tell a few very important things.

1) He didn't put the required time and effort into the inspection or the report
2) He provided estimates for repairs.
3) He didn't emphasis the importance of getting a qualified engineer (or any other qualified person) to check these issues immediately

When I first heard about this, it did give me pause, but after reading the actual facts (as presented in the court judgement), this isn't a case of a home inspector getting unfairly blamed or targeted.

It's a case of an idiotic inspector...

One other thing I feel should be pointed out.

The Code of Ethics and Standards of Practice of the Canadian Association of Home and Property Inspectors (CAHPI) is almost identical to the one here at NACHI. As is the contract he used with the clients. There is no reason (that I can see) that this couldn't happen to a ****ty inspector who was a member here.

Either do the job right, or expect to pay the consequences...

I'm very pleased you read the judgement as I have. I wish others who insist on making comments would read it before making comments that make no sence to those of us that have read the judgement.


I am curious about something though. If this had been a NACHI member, what action would be taken by NACHI when this came to their attention?

Good question! I would like to know as well.

[tadshead]

The best way to avoid being the subject of a lawsuit is to see what hasn't worked. I would hope that every inspector would take the time to read through as much of the case as possible. Any lawsuit that goes against an inspector is free lesson for us all... well... free, except for the one named of course.

[Nick Gromicko]

The consumer was equally negligent in this case and so the inspector should only have to pay 1/2.

[Rudolf Reusse]

After having read the "Reason for Judgment" - it has become very apparent why the home inspector has been sued and lost.

Even then most experienced home inspectors will always remain generalists - and should therefore refrain themselves from offering advice how to repair observed defects or shortcomings - or to estimate costs if the provided information exceeds their level of expertise.

There is a valid reason why mechanical engineers do not address structural issues - why Pediatricians do not perform heart surgeries - and why divorce lawyers do not handle murder cases.

The lawsuit has highlighted once more how meaningless designations can become if the home inspector does not live up to his obligation - or issues inspection results which are subject to misinterpretation - or do not withstand scrutiny when challenged in court.

In this case the defendant was a "Registered Home Inspector" and "National Certificate Holder" with a "Bachelor of Architecture Degree." It certainly didn’t help.

RUDOLF REUSSE - Home Inspector since 1976 - TORONTO

[Rudolf Reusse]

After having read the "Reason for Judgment" - it has become very apparent why the home inspector has been sued and lost.

Even then most experienced home inspectors will always remain generalists - and should therefore refrain themselves from offering advice how to repair observed defects or shortcomings - or to estimate costs if the provided information exceeds their level of expertise.

There is a valid reason why mechanical engineers do not address structural issues - why Pediatricians do not perform heart surgeries - and why divorce lawyers do not handle murder cases.

The lawsuit has highlighted once more how meaningless designations can become if the home inspector does not live up to his obligation - or issues inspection results which are subject to misinterpretation - or do not withstand scrutiny when challenged in court.

In this case the defendant was a "Registered Home Inspector" and "National Certificate Holder" with a "Bachelor of Architecture Degree." It certainly didn’t help.

RUDOLF REUSSE - Home Inspector since 1976 - TORONTO