Houston Inspection Lawsuit

[Dominic J. Maricic]

How much did the home end up selling for? They definitely have to change most of their case if the home has already sold!

[Aaron D. Miller]

JC: I hope you are right.

[John Cahill]

AM: If I am wrong it places a huge burden on the ambiguity and impracticality of the Standards. I see a hazy potential to sue and have the SoP discarded in favor of accepted trade associations . . . but then I live in a haze.

[Aaron D. Miller]

the ambiguity and impracticality of the Standards

JC: The eyes of Texas are upon us.

[John Cahill]

Originally Posted by amiller

JC: The eyes of Texas are upon us.

And you cannot get away . . . .Till Gabriel blows his horn

I know a TREC lawyer and IC member who reads this board. A brilliant inspection group in Houston that explains electrical theory with ping pong balls also follows along providing there are pictures to looks at. Tossing them curve balls makes their day

[Aaron D. Miller]

a TREC lawyer and IC member who reads

JC: Will wonders never cease?

A brilliant inspection group in Houston that explains electrical theory with ping pong balls also follows along providing there are pictures to looks at.

JC: That's Motor City for you.

[Joe Farsetta]

Absent of Standards, it's all a crap shoot, and open to the whim and interpretation of every attorney and "expert" who sees the potential to discredit the lowly home inspector and make a quick buck

[Joe Farsetta]

On that note. I often think about our lack of protection from sellers. We are in their homes without even the first line of defense such as an agreement with them.

Not for nothing, folks.... but I have been speaking of this for YEARS.

Picture this... Seller is about to forfeit his/her home to foreclosure. They have been trying to sell it for a couple of years. Finally have an agreed-to price from a buyer, and a half-*****'d inspector comes through. This guy points out everything from nail pops to loose toilet seats. He's very impressed with himself.

He points out code issues. The buyer gets a case of the Orphan-Annies, and walks. Seller loses the home... and someone sees the report and says there were no code issues. The inspector took plenty of photos...

Seller sues the inspector, as the inspector's actions were DIRECTLY responsible for the buyer walking. Seller drags the inspector into court, and places the AHJ on the stand, who declares that the inspector was incorrect in his assessment; there were no code violations at the subject dwelling.

Does the argument hold water that the inspector was negligent?

[James E. Braun, CMI]

You bet!

[Joe Farsetta]

James...

You get it

Inspectors used to chide me and say that this can and could never happen. I state that it has, and although rare, does.

Mark you calendar, folks... June 2009 was the date of the filing.

[Joe Farsetta]

I've just read the inspection report, and must conclude that the inspector did a decent job. What is also clearly stated within the report is that items contained therein do not obligate the seller to repair anything, and it is the client's responsibility t obtain firther evaluation. This is standard fare for a home inspection.

As to performing professional engineering services, I also must disagree with the seller.

The BIGGEST thing, I believe, the inspector has in his favor is the home inspection licensing law and TREC itself. The SOP are determined by the State. If the inspector followed those general standards, I believe the case to be meritless. Unfortunately for the inspector, the courts have denied his request for information relative to how many lawsuits the seller was involved with over the past 10 years, as well as how many other homes he had inspected over the past 10 years.

As to tortious interference, which is the crux of te case, one would need to ask what the purpose of an inspection is. Is it to determine talking points over tea and cookies? NO! It is intended to discover things that the buyer may not know regarding the condition of the property. And, yes, sometimes the buyer just doesnt want to deal with things, at all.

So, this novel theory now abounds; dont home inspections potentially interfere with all real estate purchase contracts?

What is even more shocking is that the inspector gained nothing from all of this, yet the courts have granted the motions of the seller.

My advice is to rally the troops, including buyers and sellers agents. This travesty has the potential for long-term damage to the RE and Inspection industries in the state. Absent of association bias or rhetoric, I call for all home inspectors in the state to convene on the courthouse, and to coordinate efforts with Real Estate brokers and MLS regions. There should be a concerted effort. TREC should be at the forefront of this, offering expert testimony, with a thousand or more indignant inspectors and realtors at the ready to rebut this preposterous suit.

[Aaron D. Miller]

So, this novel theory now abounds; dont home inspections potentially interfere with all real estate purchase contracts?

JF: "Potentially" being the operative term, perhaps. The real estate resale contract in Texas is based on the home changing owners in as is condition. No repairs are ever required by law.

What is even more shocking is that the inspector gained nothing from all of this

JF: Let us hope that he takes this opportunity to do a bit of research on sellers in the future. If the seller is an attorney perhaps he will think twice about taking the job. Usually this information takes 5 minutes to obtain.

My advice is to rally the troops, including buyers and sellers agents.

JF: Obtaining a consensus of opinion on any subjects solely within the Texas HI community is a veritable impossibility. Add to the mix the brokers and agents and you are now into another reality - alternative universe, if you will.

Absent of association bias or rhetoric

JF: There you go again, on your space travels. . .

TREC should be at the forefront of this, offering expert testimony

JF: Now you have truly ascended to the loftiest plane of surrealistic thought. However, the HI in this particular instance is one who appears to be tied to the realtor's derrières via his lips:

From his website at http://www.foxinspectiongroup.com/De...spx?tabid=2268

I am constantly reminding my inspectors, "nowhere in TREC standards does it mandate grandstanding or making mountains out of mole hills". We fully comply with TREC regulations while performing inspections with the understanding that we may discover issues that may cause a buyer to terminate a contract. To counteract the impression that most, if not virtually all, real estate professionals consider inspectors to be nothing more than transaction assassins, we have rolled out our 30 day FREE Inspection Guarantee.

In a nut shell, our 30 day FREE Inspection Guarantee, states that if the deal falls through for ANY reason, including but not limited to, the inspection report findings, mortgage brokers, insurance companies, appraisers, surveyors, relocation companies, buyers, sellers, spouses, in-laws, girlfriends, boyfriends, parents, and yes even those royal pain in the buttocks agents and brokers on the other side, we will inspect another house for that same client using that same Realtor within 30 days from our first inspection.

The 30 day FREE Inspection Guarantee, is my way of focusing on my area of control. I understand that inspection findings by my firm may, on occasion, be terminal to a transaction, however our 30 day FREE Inspection Guarantee can resurrect the dead, even if the death certificate states cause of demise was related to mortgage broker bronchitis, insurance company complex, appraiser anorexia, ruptured surveyor spleen, relocation company reflux, buyer blocked artery, seller syphilis, spouse encephalitis, in-law influenza, girlfriend gall stones, boyfriend brain aneurism, parental prostate cancer, or even, the horror of horrors.................transaction assassins masking as professionals.

So then, perhaps his legion of ***-kissed agents will come to his defense after all. Nah, fat chance.

[Rick K. Kie]

I also agree it is a little technically exhausting. And the (picture) of the burning switch plate and galvanized pipe were over the top. It read to me that he was suing for 1000.000. although I do not think he will get a dime of it.

[Joe Farsetta]

AAron,

My point is that this lawsuit has the potential to turn the art and science of performing an inspection on its head. As to association bias, I have seen it set aside for collaborative purposes in my home state. It can be done.

As to the comments of the inspector on his website, it seems to me that he doesnt wantr to be known as a deal killer and if he does one, the next inspection is free. To me, all this states is that he loses if the buyer walks. It doesnt help the Plaintiffs case at all.

Maybe I am in la-la land on this one. It seems to me that when threatened with a nonsensical lawsuit being orchestrated by a seller-lawyer, that everyone open their eyes to the long-range effects this may have.

Toto, I dont think we're in Kansas anymore...

[Chuck Evans]

Originally Posted by amiller

So then, perhaps his legion of ***-kissed agents will come to his defense after all. Nah, fat chance.

The reality of the content of the report contradicts your implication that he kowtows to agents, unless you feel that HIs should go out of their way to to establish and maintain hostile relationships with agents.

Perhaps you should contact Gordon directly and tell him how much better your business model and professional reputation is than his. Perhaps he will appreciate you offering to mentor him. After all, he only manages to do a few thousand inspections annually.