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  #1  
Old 2/2/08, 1:28 AM
John Schmoe John Schmoe is offline
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Angry Sewer Camera Inspections a must, Im getting sued!

Posted this on another forum, though I would post here also..

Im not gonna go in depth, but I am being sued as we speak.
My Lawyer says I should just settle with them, and split the cost with the Realtor. They are looking to settle for replacement of the sewer line, and flood damages in excess of $30,000.

We(the Realtor, and I) may be @ fault because we did not suggest they have the sewer line inspected. Nor did we inform them that Sewer Camera Inspections existed. I have a disclaimer about pipes in walls ,and below ground, but apparently its garbage because I did not educate the customer about Sewer Inspections.

Make sure you recommend(verbally, and in writing), and highlight it on every single job you do.

If I live through this ordeal I will never let this happen again.

My Lawyer is writing something up to the effect that lists all specialized inspections(chimney, sewer, geo, etc.) available to the customer. It will state that I "John Hancock" have informed "Joe Blow" about specialized inspections available, and recommend these inspections to the "Joe Blow" to further educate them about existing conditions that may be beyond my scope of work. All specialized inspections should be perform before close of escrow. They will have to sign, and date it.

Cover your butt!
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  #2  
Old 2/2/08, 3:49 AM
Brian A. MacNeish Brian A. MacNeish is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Some of the best advice people will see on these boards!!!!!
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  #3  
Old 2/2/08, 5:36 AM
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Kevin Luce Kevin Luce is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Do you have arbitration written in your contract? If you know you did your inspection properly, spend the couple of thousand to your lawyer so he can direct it to your arbitration company (again, if you have it in your contract).
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  #4  
Old 2/2/08, 6:20 AM
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David P. Valley David P. Valley is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Quote:
Originally Posted by John Schmoe
Posted this on another forum, though I would post here also..

Im not gonna go in depth, but I am being sued as we speak.
My Lawyer says I should just settle with them, and split the cost with the Realtor. They are looking to settle for replacement of the sewer line, and flood damages in excess of $30,000.

We(the Realtor, and I) may be @ fault because we did not suggest they have the sewer line inspected. Nor did we inform them that Sewer Camera Inspections existed. I have a disclaimer about pipes in walls ,and below ground, but apparently its garbage because I did not educate the customer about Sewer Inspections.

Make sure you recommend(verbally, and in writing), and highlight it on every single job you do.

If I live through this ordeal I will never let this happen again.

My Lawyer is writing something up to the effect that lists all specialized inspections(chimney, sewer, geo, etc.) available to the customer. It will state that I "John Hancock" have informed "Joe Blow" about specialized inspections available, and recommend these inspections to the "Joe Blow" to further educate them about existing conditions that may be beyond my scope of work. All specialized inspections should be perform before close of escrow. They will have to sign, and date it.

Cover your butt!
This is exactly why I have this disclaimer in my 64-page "Know Your Home" manual.

D) Waste Pipes
I attempt to evaluate drain pipes by flushing every drain that has an active fixture while observing its draw and watching for blockages or slow drains, but this is not a conclusive test and only a video-scan of the main line would confirm its actual condition. However, you can be sure that blockages will occur, usually relative in severity to the age of the system, and will range from minor clogs in the branch lines, or at the traps beneath sinks, tubs and showers to major blockages in the main line. The minor clogs are easily cleared, either by chemical means or by removing and cleaning out the traps. However, if tree roots grow into the main drain that connects the house to the public sewer, repairs could become expensive and might include replacing the entire main line.
For these reasons, I recommend that you ask the sellers if they have ever experienced any drainage problems, or you may wish to have the main waste line video-scanned before the close of escrow. Failing this, you should obtain an insurance policy that covers blockages and damage to the main line. However, most policies only cover plumbing repairs within the house or the cost of rooter service, which are usually relatively inexpensive. No attempt was made to locate drainage cleanout caps.

Good Luck on your suit. I hope it's in your favor, either way.
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  #5  
Old 2/2/08, 6:32 AM
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Linas Dapkus, CMI Linas Dapkus, CMI is online now
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Quote:
Originally Posted by John Schmoe
Posted this on another forum, though I would post here also..

Im not gonna go in depth, but I am being sued as we speak.
My Lawyer says I should just settle with them, and split the cost with the Realtor. They are looking to settle for replacement of the sewer line, and flood damages in excess of $30,000.

We(the Realtor, and I) may be @ fault because we did not suggest they have the sewer line inspected. Nor did we inform them that Sewer Camera Inspections existed. I have a disclaimer about pipes in walls ,and below ground, but apparently its garbage because I did not educate the customer about Sewer Inspections.

Make sure you recommend(verbally, and in writing), and highlight it on every single job you do.

If I live through this ordeal I will never let this happen again.

My Lawyer is writing something up to the effect that lists all specialized inspections(chimney, sewer, geo, etc.) available to the customer. It will state that I "John Hancock" have informed "Joe Blow" about specialized inspections available, and recommend these inspections to the "Joe Blow" to further educate them about existing conditions that may be beyond my scope of work. All specialized inspections should be perform before close of escrow. They will have to sign, and date it.

Cover your butt!
I have a 4 page contract to disclaim all that crap. At least your realtor friend can help you in this situation. Are you insured???



Linas Dapkus, CMI
Dapkus Home Inspections

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  #6  
Old 2/2/08, 9:59 AM
David A. Andersen, TN HI# 40's Avatar
David A. Andersen, TN HI# 40 David A. Andersen, TN HI# 40 is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

It's all about settling!
It's unlikely you're ever get into the courtroom and all that PreInspection agreement crap is useless for your protection in most cases. I would have your lawyer draft up all the reasons why sewer pipes are not part of home inspection and attempt a reasonable settlement just to get them off your back.
What state are you in?
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  #7  
Old 2/2/08, 10:39 AM
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rbrady rbrady is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

I'm a skeptic.

It looks like a sewer camera salesman to me!
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  #8  
Old 2/2/08, 10:56 AM
Brian A. MacNeish Brian A. MacNeish is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Quote:
Originally Posted by John Schmoe
Cover your butt!
On thinking a bit more about the situation: We are hired for house inspections......anything outside the house should automatically "off limits"; we were not hired to inspect the sewer that may run 50-70'+ to the street. It is a similar situation to septic tanks; as a general statement, we don't inspect them. If everything drained well with no indications of slowness/blockages, that is all we can report on.

They are on weak footings here, I think.

State it in your "exclusions" line along with no enrvironmental inspections/tests such as lead, asbestos,oil, radon, mould....... plus septic and sewer line inspections are part of a regular home inspection
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  #9  
Old 2/2/08, 12:42 PM
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Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Quote:
Originally Posted by rbrady
I'm a skeptic.

It looks like a sewer camera salesman to me!
Good for you Ralph you saw it immediatly.
Strange name no area ,we as home Inspectors can not see underground.
It is a visual inspection only.

...Cookie
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  #10  
Old 2/2/08, 1:14 PM
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Barry Adair Barry Adair is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

This could be a ruse but the info gained from DV's post is worthy and appreciated



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  #11  
Old 2/2/08, 1:31 PM
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mnahrgang mnahrgang is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Get a different lawyer.



Mark Nahrgang
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  #12  
Old 2/2/08, 1:40 PM
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hlorenz hlorenz is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

All court records are public, how about a court docket number and the city and state where this is taking place....I dont mind calling and varifying the claim...
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  #13  
Old 2/2/08, 7:14 PM
jbettencourt jbettencourt is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

John Schmoe! Hey are you JOE SCHMOE'S brother!
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  #14  
Old 2/2/08, 7:32 PM
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Marcel R. Cyr, CMI Marcel R. Cyr, CMI is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

Quote:
Originally Posted by jbettencourt
John Schmoe! Hey are you JOE SCHMOE'S brother!
You bad, you bad, you bad,



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  #15  
Old 2/2/08, 8:04 PM
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phinsperger phinsperger is offline
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Default Re: Sewer Camera Inspections a must, Im getting sued!

If I go to our family doctor for a routine checkup does the doctor tell me about all of the possible test that he could send me for? Of course not.
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