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Legislation, Licensing, Ethics & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #1  
Old 7/11/18, 12:57 PM
Nick Gromicko, CMI's Avatar
Nick Gromicko, CMI Nick Gromicko, CMI is online now
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Default Legal Tip for Home Inspectors: How to Choose the Right Lawyer.

Legal Tip for Home Inspectors: How to Choose the Right Lawyer - InterNACHI
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  #2  
Old 7/19/18, 10:14 AM
Steve Osborne, 70001310 Steve Osborne, 70001310 is offline
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Smile Re: Legal Tip for Home Inspectors: How to Choose the Right Lawyer.

Thanks Nick, good article.



Steve Osborne
Skilled Inspections
http://skilledinspections.com
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  #3  
Old 7/27/18, 11:49 AM
John J. Grimaldi, CMI® HI9629 John J. Grimaldi, CMI® HI9629 is offline
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Default Re: Legal Tip for Home Inspectors: How to Choose the Right Lawyer.

Thanks Nick, This was very beneficial. Do Home Inspectors usually hire real estate attorneys or a different kind of attorney?
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Old 8/1/18, 2:32 PM
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Nick Gromicko, CMI Nick Gromicko, CMI is online now
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Default Re: Legal Tip for Home Inspectors: How to Choose the Right Lawyer.

It depends. Hire them for what?
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Old 8/2/18, 11:59 AM
Rita Bachman Rita Bachman is online now
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Default Re: Legal Tip for Home Inspectors: How to Choose the Right Lawyer.

Please see below response from Joe Denneler:

The bulk of legal work inspectors need relates to claims. They need an established litigator. As far as how to select a litigation attorney, the following questions should apply:

• How many home inspection litigation or arbitration matters has the attorney handled? You’d be surprised by how many lawyers advertise themselves as having significant experience in home inspection claims who have never actually litigated one from start to finish.
• When was the last time the attorney represented an inspector?
• Does the litigator represent inspectors via any established insurance program for inspectors? Generally, larger insurers use “panel counsel” to represent their insureds in different states. Panel counsel (and their entire firms) are significantly vetted by the carriers on anything from the experience level of the attorneys to how they protect client information.
• Is the attorney familiar with inspector’s standards of practice or code of ethics?
• Has the attorney ever represented an inspector in an administrative matter pertaining to the inspector’s licensure?
• Has the attorney participated in or provided consultation related to legislative enactments involving inspectors like licensing laws?

Another type of attorney inspector’s need is a business attorney to assist them with non-litigation matters like setting up a business, dealing with state and federal issues like taxes and other non-inspection related regulatory issues. and obtaining financing.

Finally, inspectors do have employment law issues come up, including employment contracts, covenants against competition or disclosing confidential information, etc.


An attorney should be contacted for advice on specific legal issues. Nothing in the responses should be construed as legal advice from either InterNACHI or Joseph W. Denneler, Esquire. Any suggestions in these responses should be reviewed with an attorney in the inspector’s home state.



----
Rita Bachman
InterNACHI
rita@internachi.org
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