Sample Language to Stop Defamation of an Inspector

by Mark Cohen, Esq., InterNACHI Counsel, and Nick Gromicko, Founder, InterNACHI

Home inspectors are often blamed by the seller of the property they inspected for 'causing their deal to fall apart.' Such sellers cannot file a legal claim against the inspector because they have no standing (they aren't the inspector's client). Sometimes these disgruntled sellers resort to publicly attacking the inspector by posting defamatory statements about them on real estate blogs. The following is a sample letter you can use to try to stop such defamation. As always, have your attorney review it. InterNACHI can also intercede in an effort to stop the defamation.

[Date]

_________________________

_________________________

_________________________

RE: Defamation

Dear __________________:

You made defamatory statements about me that damaged my reputation as a home inspector.

Specifically, you made the following false statements:

Describe each false statement, when it was made, what was said or written, and who heard or read the statement. Consider attaching proof of the statement and/or copies of the defamatory writings.

The law is clear that when a defendant makes defamatory statements about a private person in his trade, business or profession, it is defamation per se. In such cases, the law presumes injury and the plaintiff need not prove actual damages. The U.S. Supreme Court determined that this principle is fully consistent with the U.S. Constitution. See, New York Times Co. v. Sullivan, 376 U.S. 254 (1964).

I demand that you immediately retract your defamatory statements. I specifically ask that you take the following actions:

State what corrective action you want the potential defendant to take.

Your willingness to take these actions immediately will play an important role in whether I decide to move forward with a defamation lawsuit.

If you refuse to take these steps, a judge or jury may consider your refusal as evidence of malice and may award me exemplary damages.

If you believe your statements are not defamatory, I request that you provide me with all documents you rely on in support of your contention. I also request the name, address, phone number and email address of each person you believe can testify that the statements were not defamatory. I need this information to determine whether to move forward with a lawsuit against you.

Sincerely,

Joe Home Inspector

###

12 Steps that Help Inspectors Avoid Lawsuits

Proving Negligence

Why Inspectors Should Take Continuing Education, Even When It's Not Required

Legal documents for the home inspector

More inspector success tips

More inspection-related articles like this

Inspectopedia

International Association of Certified Home Inspectors

Sample Language to Stop Defamation of an Inspector

Popular Sections

All Sections

Inspection News

InterNACHI Membership

Inspection Standards

Inspection Education

InterNACHI Inspectors

Inspection Links