InterNACHI


Go Back   InterNACHI Inspection Forum > Local Inspection Issues > Canadian Inspectors

Notices

Canadian Inspectors This is a place for Canadian InterNACHI inspectors and other inspectors in Canada to discuss local inspection topics.

 
Reply
 
LinkBack Thread Tools
  #1  
Old 11/2/08, 2:40 PM
Jian Ming Zhang Jian Ming Zhang is offline
InterNACHI Member
 
Join Date: Aug 2008
Posts: 11
Thumbs up thank you

A customer of mine, want to know the size of their store, and give me a offer to measure their store size,because they want to sue their house ower. This is the legal problem and they need my home inspection report. Can our report become leagal evidence ?Looking forward your feedback at your earliest convenience.
Reply With Quote
  #2  
Old 11/3/08, 6:22 AM
Claude Lawrenson's Avatar
Claude Lawrenson Claude Lawrenson is offline
InterNACHI Member
 
Join Date: Dec 2003
Location: Tecumseh-Windsor, ON
Posts: 2,122
Default Re: thank you

Yes a report can become legal evidence. The bottom line - what part is useful for application against the lawsuit. Do home inspectors normally note sizes of rooms, or the overall building structure? My point being you can always exceed the "standards", based on your knowledge and experience.

I remember reading a claim against a realtor for falsely advertising the size of a property. The claimant won because the information provided to the purchaser was inaccurate.



Cheers, Claude Lawrenson NACHI03121515
Inspection Support Services Inc.
"Those who can do. Those who CARE, teach" or
“Teaching is the highest form of understanding.” Aristotle
Reply With Quote
  #3  
Old 11/3/08, 8:27 AM
Jeffrey S. Campbell's Avatar
Jeffrey S. Campbell Jeffrey S. Campbell is offline
InterNACHI Member
 
Join Date: Jan 2004
Location: Pittston, ME
Posts: 835
Send a message via AIM to jcampbell Send a message via MSN to jcampbell Send a message via Yahoo to jcampbell
Default Re: thank you

upon completing an inspection on Thursday, the buyer (client) was perplexed... we were going through the summary and he asked me if the garage is normally part of the square footage listed on the spec sheet... i told him I did not believe so, but they've only started adding that regularly in the past couple years. Well by adding up room sizes and taking outside measurements he was over 500 sf off... (2100+/- compared to listed 2640)... he was not happy... he canceled the radon, water and septic at that point... they were moving from a 3200 sf home and could no way fit into a home this size... ???? received notice today they backed out... and are looking again. Anything they(sellers, realtors) put down in writing should be accurate or it could cost them...



Jeff Campbell
Campbell Property Inspections
http://www.maineshomeinspector.com
Pittston, Maine
NACHI04013010
Reply With Quote
  #4  
Old 11/3/08, 9:33 AM
Bob Elliott's Avatar
Bob Elliott Bob Elliott is online now
InterNACHI Member
 
Join Date: Aug 2006
Location: Chicago
Posts: 21,908
Default Re: thank you

Quote:
Originally Posted by jcampbell View Post
upon completing an inspection on Thursday, the buyer (client) was perplexed... we were going through the summary and he asked me if the garage is normally part of the square footage listed on the spec sheet... i told him I did not believe so, but they've only started adding that regularly in the past couple years. Well by adding up room sizes and taking outside measurements he was over 500 sf off... (2100+/- compared to listed 2640)... he was not happy... he canceled the radon, water and septic at that point... they were moving from a 3200 sf home and could no way fit into a home this size... ???? received notice today they backed out... and are looking again. Anything they(sellers, realtors) put down in writing should be accurate or it could cost them...
I pass out my infrared measuring tape to my clients .

If sq foot is wrong that is another defect ,is it not?

No not in my report , but I am there to help,and not worry about it affecting my fee or I become like another commission seeker.
Reply With Quote
  #5  
Old 11/3/08, 10:00 AM
Jeffrey S. Campbell's Avatar
Jeffrey S. Campbell Jeffrey S. Campbell is offline
InterNACHI Member
 
Join Date: Jan 2004
Location: Pittston, ME
Posts: 835
Send a message via AIM to jcampbell Send a message via MSN to jcampbell Send a message via Yahoo to jcampbell
Default Re: thank you

realtor did state that square footage was NOT a viable reason to get out of the contract... but FLOOD zone was... we'll see... unfortunately it was a NICE home!



Jeff Campbell
Campbell Property Inspections
http://www.maineshomeinspector.com
Pittston, Maine
NACHI04013010
Reply With Quote
  #6  
Old 11/3/08, 10:35 AM
David C. Verge David C. Verge is offline
InterNACHI Member
 
Join Date: Jul 2004
Location: Port Coquitlam, BC
Posts: 36
Default Re: thank you

Your client has told you the reason for asking you to do measurements is to facilitate a lawsuit. Unless they have also agreed to pay your witness time costs, give this assignment a miss. ( you will be called as a witness )
On the second point; we must be prepared to defend anything that is noted in an inspection report
Reply With Quote
  #7  
Old 11/3/08, 10:38 AM
mnahrgang's Avatar
mnahrgang mnahrgang is offline
InterNACHI Member
 
Join Date: Apr 2007
Location: Springfield, OH
Posts: 5,799
Default Re: thank you

I think I would ask the client what the tax records state. If those confirm his suspicions, then he doesn't need another measurement. If they confirm the sellers/original owners, then he can call the local assessor and ask them to come out and re-measure in order to alter their tax bill. (All of these things for free.)



Mark Nahrgang
www.DaytonSpringfieldHomeInspector.com
www.HeyMark.info

Home Inspections for Springfield, Dayton, and surrounding OH areas.
Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 12:25 PM.


Popular Sections

:

All Sections

Inspection News

InterNACHI Membership

Inspection Standards

Inspection Education

InterNACHI Inspectors

Inspection Links

 

 

 

NACHI.ORG Statistics

 

 

no new posts