Had a client that I did an inspection for back in June of 2011. It had rained for a couple of days before the inspection and was drizzling during the inspection. I did notice, using thermal imaging, a roof leak at the front, sloped, composite tile roof area, but no other roof leak issues.
Agent calls me a couple of months later and says that the cleint is complaining about some seperating crown molding in the 2rd floor pentout area, under a flat roof. I did call out some bad caulking on the parapet wall metal cladding. I went out and looked and no real moisture was present. Client was somewhat PO’d that I didn’t find this.
The other day the cleint sent me an e-mail about the problem getting worse and, while specifically stating that he had no recorse with me, he did want to explain how upset his wife was.
Today, the agent calls and just keeps yelling. “How come you didn’t find this, I have to pay $20,000 to have this fixed, Another inpector found 60 issues that you missed, I am putting in a claim against your insurance”, it just went on an on. Finally, I gave her my lawyer’s number.
My point is that a) it was raining alot before and during the inspection and I did find one roof leak during the inspection, b) if this other area, which has only minor water intrusion issues (separating crown molding, but no water stains or moisture meter readings showing water), it could not have been leaking at the time of the original inspection and c) I did call out the parapet cladding caulk issues.
And why is the agent getting all upset and threatening a law suit if the cleint is not?
Sounds like your client could have hired a lawyer who contracted a follow-up inspection to yours and is going after the used house salesman for negligent referral (and her own E&O is not covering negligent referrals). That would be the only way, IMO, that she would have a claim (perhaps not legitimate) against your E&O policy since she has incurred the loss.
Car batteries fail. Tires blow out at any time. Things can, and do happen to any home at any time. This is the nature of home ownership. Weather conditions change often, and can affect any home at any time.
You do not know what was negotiated after your inspection, or if the buyer bought it as is. That is the agent’s client to buyer problem; not yours. Your duty was to the buyer; not the agent.
Wow, Will, you sure have gotten some crazy people coming after you over the years! Maybe your orange shirt is attracting them like a bug zapper.:roll::D:p
After going back over the report, seems that I did call out the bad flashing on the penthouse parapet wall and recommended evaluation and repair by a licensed roofer. Maybe the agent told the buyers not to bother and that is why she had to pay for it.
I never liked her, anyway. Too flaky and fly-by-night. I once inspected a condo for her, a luxury 3,200 SF condo on the gold coast. The master bath had a freakin’ chandaleer over the triple wide whirlpool tub and I called it out. She told the clients, after I explained the issue, that it was OK and not reauired to be replaced because as a home inspector, I had no authority to make them change it (the, apparently, liked it the way it was). Stupid clients die in stupid ways, I guess.
If the agent told the buyer in anyway to disregard what the home inspector stated in his report, the agent is acting like a stupid home inspector and is liable such as one.
The report is only good for the day and time of the inspection. Some say going beyond the visual inspection and using thermal, moisture meters and other diagnostic tools gives people a false expectation that the house was diagnosed and there won’t be any problems in the future. This could be one of those situations and that makes people upset. Maybe some explanation by the Attorney will help the situation.
Will - Try to be a little more professional with agents … You’ll give us all a bad name.
What the crap does separated moldings (cosmetic issues not typically addressed by studly / manly home inspectors) have to do with water leaks at the roof … You jumped from A to B and I’m lost.
Ms Realtor, as you know you are not my customer and I’m really pissed that you would have the friggin audacity to call me and yell when the customer has not done something this childish and rude. The customer did email me telling about separated moldings AND as I informed him, I’m very sorry BUT they were not doing that when I was there 6 months ago. ALSO I pointed out to him and I’ll include you in this also … I’m really good, in fact I’m supposed to be the BEST inspector in Kansas City (or wherever you live Will if you have my type rep) BUT when I take off my shirt there is no big** Red “S” on my underwear** and I can’t see through walls.
NOR do I have a crystal ball NOR can I predict the future AND I’m NOT an insurance company. If it ain’t doing it when I’m there, I’m not gonna find it … Plain and Simple. Therefore my thoughts are: The seller had the best chance of knowing about this AND may have failed to disclose it.
Get The Picture Bambi.
By the way, AS you know its against our state law for a home inspector to discuss the inspection report with anyone but our customer, SO if you call again WITHOUT the customer in a 3-way call I’ll be forced to file ethics complaints with the Illinois home inspection Board and Realtors Board for you trying to get me to break the law and our code of ethics. ALSO you wanta scream or yell at somebody again, go home and yell at your husband or kids … You do it to me again AND you’ll wish you were never born.