Court ruling - Ontario- Attic Acess

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Court ruling - Ontario- Attic Acess

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Raymond Wand

Raymond Wand Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
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Posts: 447
User: rwand1
Posted: Nov 13, 2005 9:39 AM       Post Subject:
FYI

Toronto Star
Saturday Nov. 12/05
New Homes Section
Bob Aaron.

https://www.nachi.org/bbsystem/usrimages/B/Bob_Aaron_Toronto_Star1.pdf

--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

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Vern Mitchinson

Home Choice Inspections Ltd.
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(as of 3/25/07)
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User: vmitchinson
Posted: Dec 15, 2005 12:50 PM       Post Subject:
Excellent posting!

I've had a few of these sealed attics and always flag them as not inspected and make no statements about what is in there. I offer to return and reinspect when access is provided and recommend that this be done before closure. So far have not been called back. In one instance the realtor phoned the seller and obtained premissin to cut the silicon seal. I did and completed the inspection. Did not hear any more about it but I have wondered it it was the right thing to do. I asume that I could have been held responsible to repair the damage done to open the hatch.
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Raymond Wand

Raymond Wand Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 447
User: rwand1
Posted: Dec 15, 2005 1:12 PM       Post Subject:
The full transcript can be found here.

http://www.canlii.com/on/cas/onsc/2005/2005onsc14571.html

The unfortunate part in my opinion is the inspector who the plaintiffs retained. He more than anyone should have relayed the SOP to the client and the ramifications. Had someone been astute enough to research some case law it would have been obvious that courts have upheld the SOP. I guess you get what you pay for and just because someone has great credentials does not ensure competency. To bad Bakerstreet found itself in the cross hairs because an inspector who thought he had every right to be correct.

Raymond Wand
Alton, ON
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Vern Mitchinson

Home Choice Inspections Ltd.
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 48
User: vmitchinson
Posted: Dec 16, 2005 2:44 AM       Post Subject:
Ray W Boy that was a tough read.

Every inspector should read these court minutes.

Although it was not stated any where I got the impression that the inspector was using a tick off check list with abreviated written comments.
I detest these type reports and have always used a full written report that states the whole storey in plain english. If this inspector had written out that the attic was inaccessible and that it needs to be opened by the vendor. A further statement should have also been written in the report that anything that is on the other side of the sealed access hatch could not be inspected, therefore the condition is unknown and suspect. In these situtions I always ask myself "Is the vendor trying to hide something?"

Excllent post Ray W
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