Home inspection vs wind mit liability

[John Shishilla]

I am curious about what everyone else thinks.

[Jeffrey R. Jonas]

Mold inspections/surveys.

[Michael J. Meeker]

Let me be the first to say legally I really do not know. I would think that there is more you could miss in a whole home inspection and therefore you would expose yourself to more liability.

[William P. Campbell]

It seems to me that there are statements on the home inspection form that can be written that can reduce your liability, that can't be added to the wind mit form.

[John Shishilla]

like this one the wind mit form?

The definitions on this form are for inspection purposes only and cannot be used to certify any product or construction feature as offering protection from hurricanes.

[Kenneth Dolin]

Like Mike said, whole house inspection has more areas and systems to be liable for, but another side of the coin is if a house is a total loss due to a windstorm taking the roof off the dollar amount could be greater. Same with Mold I would say

[Jay C. Murray]

Far more risk of liability in HI. A screw up here could be costly. Civil courts do not have to find you guilty or not guilty. They can find you partially responsible. Lots of sellers, try to hide defects. A jury may feel you should have been able to see through walls.

With WM, the only liability is in negligence or fraud. You have to be prepared to be challenged and defend your results. Proper taining, due diligence, and professionalism.
The house is what it is.

[Dennis J. Bonner]

I would say there is more liability with a home inspection than a wind-mit.

[Greg Bell]

I think there is more liability with a home inspection than a wind mit. But I also believe that it will be easier to get in trouble with a wind mit or four point.

[Randy L. Mayo, PE]

John

If you buy E&O insurance the insurance company will calculate your liability. You liability will be proportional to your premium. If you don't have E&O your liability will be determined by the courts if you have a claim. So in reality your liability is in the hands of someone else. All you can do is do your best and hope its enough.

[John Shishilla]

I have not found anyone who will do E&O for wind mits.

[Alfred L. Pelletier]

It will take one hurricane and one law-firm and we will all see the outcome. The insurance companies are looking to protect themselves. We are either going to have people very upset with us or the insurance company or both. I would after say just because a regular inspection is more of all around inspection isn't a major concern on this subject.

[Brian C. Hoagland]

Great question! So not easily answered, many minor and major items on a home inspection which might not be in the report may not be noticed by the homeowner for a period of time where they would choose to think they could not recoup expenses of a lawsuit. The contractual limitations in a home inspection may dissuade some people who feel they have been wronged from pursueing the issue. Often we are in a position (right or wrong) of simply denying the existence of a defect at the time of the inspection.

Fact is the insurance companies have the report and lawyers ready and able to take any inspector to court, pursue disciplinary actions through the state and generally give us all a bad name. Top that off with following behind with their own inspectors working in their best interest and I would have to say that the greater RISK of liability is with the four points and wind mits. John, you asked the question... what is your opinion?

[Brian C. Hoagland]

Originally Posted by jshishilla

like this one the wind mit form?

The definitions on this form are for inspection purposes only and cannot be used to certify any product or construction feature as offering protection from hurricanes.

That simply exonerates the inspector from any responsibility for product failure at standards which are established by the astm or other ratings and specific installation practices (such as sheathing or roof covering performance) which are beyond the ability of the inspector to determine. I don't believe if the straps are missing on one side of the house in an area which was not viewed that the disclaimer you cited would in fact discourage the insurance companies lawyers from pursueing the matter.

[John Shishilla]

Originally Posted by bhoagland

Great question! So not easily answered...

... John, you asked the question... what is your opinion?

I posed the question because many here have stated that they do not want to do wind mits because of the liability. I believe most of them do not do them because they could not. Then again I pose many questions here that I have the answer to(IMHO), for the benefit of the group.

I have stated many times: Doing insurance inspections is not like home inspections in many ways. Many assume, contractors and home inspectors alike, that they can read the form and go out and do the inspections. They lack the knowledge and skills and make us all look bad. (There is a guy in our area that I have redone no less than 25 of his wind mits because they were grossly wrong).

I believe that if you learn what you can and try to do wind mits correctly there is much less liability than a home inspection.