A Home Inspector is Getting Sued
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- čas přidán 3. 02. 2023
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I got sued by the government over a VA loan so I hired a lawyer that said he usually doesn't take cases like this unless it's an insurance company or the government. He took my case and six months later they, the VA said to please tell your lawyer to stop, we give up. I only paid that lawyer 125.00 dollars and the secretary of the law firm said he wouldn't bill me anymore when I called. He liked winning.
I need to find this lawyer
I heard of a guy like this in Kenosha. The local cops were trying to railroad my cousin’s employee, a legal immigrant from Mexico who’s a very good guy. Once the lawyer heard the story he took minimal payment and loved every minute of the fight, which he won with ease. I guess not all lawyers are trash, just a majorityLOL
@@knuttsackjones3094 100%
@@knuttsackjones3094 I've only ever had good experiences with attorneys, but have heard of some really stupid/incompetent lawyers from others. Granted, I've only ever employed an attorney once (and I was totally in the wrong for something admittedly extremely minor, but he got me a great deal that included expunging the arrest (that would never have happened if the cop involved wasn't a power tripping prick) and all I had to do was pay a fine and take a class - after lawyer's costs I only was out $3500). My brother has an attorney working on a rather serious case and his attorney is great, but expensive as hell at $25k flat.
i know a lot of lawyers. almost every one of them love to tell some gov agency to have the fun off.
"Try to not get sued by doing unlicensed work."
Words to live by.
It's okay to do unlicensed work if you don't have enough assets to fight over. Then the lawyer will not bother with you and will go after the real estate agent. (This was the impression I got when I talked to a lawyer about a contractor after I found out they weren't licensed.) Just make sure that if you have any employees that you have workers compensation insurance. Whether or not you have any assets the state investigators may want to hang you if you don't insure your workers. 👍
Whether licensed or unlicensed, you get sued if you miss anything that costs $$$
The license isnt the real issue tho, if you know a thing and do it right then you can
@@jpegjake The reason for required licenses is to offer some insurance to the customer that the contractor has the experience, business knowledge, skill knowledge, finances and liability and workers comp insurance.
If a home owner hires me an unlicensed contractor to do a roof that has no money and an employee falls off his roof, that employee can sue the homeowner because I didn't have insurance and I don't have money for him to sue. The dumbest thing a home owner can do is hire an unlicensed and uninsured contractor because all liability falls back to them.
We have all head the stories about the bad contractors. Maybe the complaints are because the home owner hired the cheapest guy. In order to be cheap, they are cutting corners somewhere, including licensing and insurance.
@@noyopacific Contractors don't usually pay these types of claims, their liability insure company does and then they go after the contractor.
I was a home inspector for several years. Hundreds of inspections. Got sued once. Everyone is in courtroom and judge says who performed the inspection and wrote the report. I meekly raise my hand and say I did. He says I want everyone on both sides of this case to listen very carefully. The very first line of the inspection report states "Portions of this home are not fit for human habitation". He looks at me and says you are excused from this case have a good day.
what were you sued for?
@@woodrunner51 they told you to listen carefully. The house was not safe to live in, the inspection confirmed this. Somebody stupidly tried to live in there. That same idiot tried to sue when the document confirmed that it was not safe to live in . Listen carefully next time.
@@woodrunner51 probably because he said "portions of the house was not habitable" owner/seller didn't like that so they tried to sued him I guess because they didn't like the report because now they have to fix the stuff before they can sell it
@@leexgx sue him for defamation of the house? xD
@@leexgx Why would you try to answer something you know not a thing about?
Basic rule of thumb, when a lawyer smiles is a pretty good time to panic :D
Yeah
@JamesButlerWellAndSepticLife oh yes it is I'm suing a former employer for wrongful termination when I brought my case to him he got that Cheshire car 😁.
you know things are about to get crazy when you hear, "Can I get that in writing?"
its the kinda thing that should either relax completely or totally pucker your butthole
Unless, of course, it's YOUR lawyer that is smiling :)
I had a home inspector go through once. He was more worried about the water diverter for the shower on the tub than the multiple electrical boxes with wire sticking out in the attic. I ended up pointing out more issues than he noticed. Hard to find good people at anything anymore.
So true so so true
I’ve met a city inspector that wouldn’t allow our building to pass inspection unless he got his palm greased. He would pass any bad thing if he got paid, and refused to pass anything that was good unless he got paid. The Super’s trailer as at the back of the lot, he told the man to come back at 5 and collect $5,000. Unfortunately a whole stack of bricks fell on him as he walked under some scaffolding. What a terrible accident.
Home inspectors are a joke half the time. They missed so much in the current house that I had to fix they should have been sued.. they were a waste of money completely. I guarantee they never went in the attic.
@@bartfoster1311 I agree with you 1000%.
I mean how can anybody pass a drain on a bathroom sink that does not have a p-trap installed. But that is exactly what happened to one of my customers.
Home inspector should have to go through the same schooling as general contractors and special trades because after all they're looking at the same systems that those special trades and contractors built. And unless you know the system how can you judge anything.
Eh a good little zap builds character. You'll be fine lol
In my lawn service, sometimes a window gets broken. Instead of waiting to be sued, I called my glass guy and get it taken care of. Either way I have to fix the window, but this way I avoid the legal fees.
Always walked the lawn first. Never broke a window. Also when mowing (usually chute out) i will reverse course when going by the house or parked vehicles and mow chute in. This ensures any flying debris is flying away from potential damages and not towards. Just a quick tip. 😊
@@TheShaggyRifleman Thank you. I too go clockwise around the perimeter of the lawn. And it is a rare occasion that I discharge the clippings. The edger and string trimmer have done most of the window breaking.
@@robertthompson3447 oof. Yeah i forgot trimmers send debri flying too (and at surprisingly high speed) I need to find some work around with that one. 🤦😂
I've always done my own yard word with trimmer and riding mower. One day the trimmer picked up a rock and took out a window. Small cracks at first, within an hour or two it spread and dropped. Another day, very close to this area, I hit a sprinkler head that was hidden and it shot the head out like a bullet from an angle about 2 oclock. Missed all the bushes and took out the passenger window of my Dodge Durango! Ouch! Loud explosion!
A broken window is small claims aka no legal fees other than actual court fees. If you get sued all you have to do is lie and say you had nothing to do with the broken window and the judge would just throw out the case if there was no actual proof that you broke it. Also few people would want to bother with filing a small claims lawsuit over a broken window as the time involved in such a low value lawsuit is just not worth all the effort. Its just far easier just to fire the lawn service contractor and hire a new one if the first lawn service refuses to pay to replace the window.
I retired as a Realtor. You never refer to one contractor. You provide a printed list of contractors to choose from. That shifts the responsibility to the buyer or seller to do the research on the contractor they chose to hire.
ideally you should probably even say that you don't want to recommend anyone as it would be a conflict of interest, especially now that the internet exists.
@@HesderOleh Agreed!
Im an agent in NC and you are absolutely right. I have a list of 5 that I have had actual dealings with and trust. From there, I let my clients choose.
Most realtors give the best suggestions to the inspectors who give the biggest kickbacks to the realtor. I ask for suggestions for inspectors and I then know who not to call for inspections as I know that they will do a shitty job.
What is wrong with people that they can not go to their computer and get their own list.
The first time I bought a home, I was nervous as hell. I asked everyone I knew who owned a home what sorts of things I should ask the inspector and/or make sure he checked. I had a page plus some. The guy spent three hours going over the house I was going to buy. He looked at stuff that my friends hadn't even heard of. I found out later that he was one of the top guys in the area. Not bad for a number I picked out of the phone book.
Be sure to have the sewer lines scoped, even on new houses, because he could cause you thousands if not $10,000.
Good video. I'm a retired Professional Engineer and retired Army Engineer Officer. I have seen way too many poorly done inspections and less than honest real estate agents. The last bad agent I saw, had just swindled a retired State Police Captain. She didn't know that he was a retired cop nor that his brother in law was the county prosecuting attorney. She got what she had been deserving for a long time.
I admire your integrity. It seems so rare these days. Good Luck, Rick
How does a real estate agent swindle a knowledgeable buyer? Why are you buying real estate without doing your own due diligence? I ask because I see idiots making their largest investment and relying on the words and advice of people they don’t know without doing their own research.
@@bh7622 I agree with you but in this case the cop believed that the real estate agent was his representative. She lied that it was 13 acres when she knew it was only three. The deed did not show that a 10 acres section had been sold separately years before. It was an old deed that referred an old map. When I bought my land, I did my own title search. I put 150 hours into it. Good Luck, Rick
Beware of engineers, they are all know it alls!!! Dumb as hell in real life situations.
Something comes to mind when reading your comment, Jet fuel leaking into the water supply on an army base in Hawaii. Seems like everyone slacks and that issue in Hawaii has been happening for decades as far as I know.
So, here"s the medicine for the shyster Lawyers. You tell them, while sitting in their office of plush leather chairs.that you are not an un paid stooge. !! They will have to PAY NOW!!, for any of your Professional wisdom.. The current rate is $ 5,000.00 dollars per 15 minutes. plus mileage, & expenses . Make sure you hem & haw plenty. Realistically, the interview won;t happen because you just BITCH Slapped both of them. You just Schooled those pukes.
Yeah, we hired an actual well inspector to look over the system before we bought our current house and he stated that the pressure tank was bad. We told the seller that we needed that fixed. There's a reason you hire specialists, folks. Don't skimp on the important stuff. If you do, you'll most likely end up paying more when stuff goes bad.
The problem is the Homeinspectors. They want that money. And not every customer knows there are either specialized Well inspectors or the Home inspector is not fit to this well inspections. For nomal people this goes hand in hand.
not to mention your life or health might be at stake too. Lead poisoning, infection/sepsis, gasleak that leads to a fire/explosion...
Theres a reason we make people go through a bunch of hoops to get licenses...
I can’t stand inspectors. They’re half useless most of the time. They usually will make me come back and redo something that was correct but they were too lazy to get a ladder out and check so they just marked it down, but they miss the big shit all the time. I’ve gone back to a house after a customer has bought it and live in it for a while to find that the inspector missed that the plumber had pulled down a bunch of my panning so that more than half of my return ductwork wasn’t hooked back into the system. The furnace was just pulling unfiltered air from the basement. But don’t you dare screw the joints together and then hide the screws with tape, you’ll get called back that your pipes aren’t screwed
@@daktaklakpak5059 Did you literally just re-phrase the person's comment that you are replying to, so you can use it as your own? Someone needs attention!
Love the "seller needs to fix that" I just say you fix it not my concern, want it or not? Never NEEDED to sell a home before so maybe some need to get out.
This is definitely the video I needed to see this morning. I literally went to inspect a home that we're buying that's on well water yesterday and found low water pressure with obvious iron in the water. (Water was running red from the iron content) There's no visible filtration system and the pressure tank looks old. The home inspector we hired didn't even comment on the age and condition of the pressure tank and didn't even look at the well pump/head. I'm calling a reputable licensed well contractor this morning to schedule an inspection. This might have saved us $1000s! Thank you James for all your insight and information!!!
Unless you paid the home inspector extra for a well inspection, it is not within the scope of what you hired him to do. That's part of what he touched on in the video. We need to stay in our lane.
Read the limitations and/or exclusions in the report and agreement it likely states they don't inspect wells or septic.
Even after two roof inspections (one of which was from a specialized roof inspector), we are stuck with replacing the roof on the home we recently bought which is going to cost us 10s of thousands of dollars to do.
@@catbee1452wouldnt u sue the inspectors in this case tho? If the roof was so bad its got to be replaced to the tune of 10s of thousands of dollars and TWO inspectors missed it, that sounds like a slam dunk
@@dr._breens_beard Nope. We closed escrow, all was signed off on b/c we had no reason to believe there were any issues with the roof given the "inspections". I have been researching and it would be a lengthy, costly process of suing these inspectors b/c they will just pass the buck on the other person. Once you sign off on a house and the sale is said and done, its the same as saying that you accept all terms/conditions and its a done deal. Home inspectors are not tightly regulated. It's a money maker for inspectors....they claim they can not remove (roof) tiles to inspect what's underneath. We have since found quite a bit of concerning, 'not to code' work that had been done to the house. Interesting, huh? The inspections came back showing NO issues with anything.
I have been a HVACR technician for 30 years .Last year I went on an HVAC inspection for a client( who is a major chain glasses retailer) to a new store they had built out in a strip mall .They had their punch list they wanted checked .The construction superintendent was raving about these young guys who had done the HVAC work,how fast they had done it how good the duct work looked etc… .Now he also had a fire inspection that day .I had just completed my inspection as the fire inspection was starting .They went to check the smokes for the units .They did the rear first and thought it had “shut off on smoke ” as required or so they believed till I informed them the new unit was miswired and down hard as a result .I then asked them how they would be resting the smokes .I pointed out that the smokes were to 38 ft high up on the return plenum drop rather then in the unit return and they didn’t have remote stations to reset them (forget reaching them for maintenance) that’s a code violation .You would have to rip out the drywall ceiling and getting a lift to reset them in all 3 locations .The superintendent was fuming mad .I caused him to fail the fire inspection.Then the clients team then showed up expecting to do the hand over paper work and the building inspector was waiting on the fire inspection to give them an occupancy permit .I handed the client their inspection punch list with 12 issues out of 40 on their list that was not done to their specifications.Then I handed them a separate sheet with 5 things that were going to be serous issues due half ass workmanship and 7 code violations one was a major NEC and mechanical code violation.The construction superintendent had passed every inspection up to that point . As soon as the client and fire inspector left the superintendent lost his shit .I reminded him as he turned to tear into me I represented the client interests not his and his guys screwed up .It pays to have people that know the trade they are inspecting ( unless your that superintendent) .
lesson heres dont have all your inspections at one time i you have to rip drywall out enough times you get point why it cant be there some codes are pointless but having stuff were you can get to it real handy and thats one code even im for
Good man. I respect this level of integrity the same as I do a man willing to overlook a minor infraction
Gotta love karma biting people in the ass. One thing I've learned is never ever mess with a lawyer.
I worked in real estate for over 15 years and then as a remodeling contractor. My partner and I did many BNSR lists for sales. Many home inspectors are a joke, missing important things and harping on cosmetic stuff. A buyer is better off hiring a specialist for each aspect of the home: plumbing, electrical, roofing, etc. More expensive but a better piece of mind.
The buyer can also schedule to be onsite with the inspector to review any finding (not necessarily shadow them, just be able to point at stuff and discuss it post inspection). My inspector suggested I arrive about 30 minutes after he started for this purpose (this was ten years ago). Won't do you much good if the inspector is bad, but if you are finding things they miss, red flag.
@@stevedixon921 only if you have knowledge and understanding of the building code...
bring a trusted general contractor...
@@mikesmith7209 knowledge of building codes does not make someone a good builder or inspector, because the code can be completely arbitrary at times owing to historical precedents rather than best practice. So such knowledge is useful to an extent, but certainly not necessary. And the point is that even a layman can often see when certain conditions are out of whack and need to be addressed, and if an inspector is missing those, that's a real problem.
A 'roof specialist' did not identify a critical problem with the roof when we were buying our current home. In other words, everyone needs to be doing their job correctly in order to get desired results. From personal experience, specialists don't always do a good job.
"Try not to get sued for doing unlicensed work" is some of the best life advice
Home inspectors can probably do crappy work for years because usually not much is wrong. So they make money for basically doing nothing, until they get caught, if they ever do. One of the most dishonest, borderline criminal people I ever met is a home inspector. If he is doing it, it must be an easy scam.
the trick is to be paid in cash and sign nothing
It actually pays very well to do so as you will be paid more than you will be sued for. That is unless the city or county hits you with a very massive fine for doing work without a license where some places that fine could be in the tens of thousands.
In Texas you can hire a handyman to do just anything other than pluming and electrical work.
Good for the home owner. Contractors that does subpar work should be held accountable.
This is the true result of greed. That home inspector and everyone you contacted absolutely deserve what they have coming. You, on the other hand, have gone out of your way to make sure that you have the licensing, training, and (I hope) insurance that's needed. I myself only have a license that says I can drive, but I've spent a good few years in a position where I got to deal with the results of poor workmanship/inspections and can absolutely say that it shows
I am a recently retired Home Inspector. Most Home Inspectors are referred by the realtor and as a general rule, they are only going to refer Home Inspectors they believe will "Pass the House". It is a clear conflict of interest and they should not be allowed to do this either. Usually the only time I got called by realtors to do a Home Inspection, was if they or someone in their family was buying a house. I always recommended my clients use a qualified Well Company for Well Inspections.
The problem is there are too many inspectors that know next to nothing though. There are also engineers that charge high dollar and do terrible work. In my area, the priority for every inspector is protecting his license, which often means he’s not really telling the customer everything he should. People need a referral from somewhere.
@@nunyabidness3075 I agree, it should be illegal for realtors to refer Home Inspectors and every inspector should meet the standards for the area they are working. The state I live in "Alabama" required passing the National Exam and certification from an accredited Home Inspection School. They also require continuing education hours each year. However, all of this does not mean much, if the vast majority of the business is created via realtor referral. I found that out once I got licensed. However, I took the path of integrity and as a result it took me a long time to get any meaningful business. I never did get the business of what I call "Seal The Deal" Home Inspections, but I slept good at night knowing I performed for my client. I even created my own CZcams Channel "Southern Stories" to help my past customers.
I feel like the old referral for a guy who will just “pass the house” isn’t as common place anymore. I’m an actively licensed inspector in Texas and all the agents we work with know our level of detail. It’s not uncommon for their buyers to end up being repeat clients due to backing out post inspection. *And for those in the comments, no we don’t “scare” buyers away. Just report on the house as it is.
@@southernhometalk2465 The standards here need a total rewrite. They seem designed to keep your inspector from actually telling you things. The reports are so full of CYA language the buyer misses the actual faults. I used to use an inspector that the realtors used. He was also the one they hated to see at their deals, and one of the brokers sued him trying to intimidate him.
yep first thing I heard on my house purchase was get your own inspector and dont hire thru the realtor. They just want the house to pass and be sold so they can collect $
This is why I strictly stay within the confines of my locksmith license.
No low voltage for me.
I'm a massage therapist. Ask me anything you want about muscles/joints. The moment you ask me something like "can you check the alignment of my spinal disks?" or "is this weird mole cancer?", I'm telling you "I can't diagnose you with a cold. Talk to your doctor about that."
To be honest low voltage criteria is a lot lower as far as safety. With how many locks are ran by low voltage now it may beneficial for your business to get certified in it and charge the premiums to fix and assess those locks as well.
Yep, LOW voltage covers all the way up to 600! 🤣
@@jonschick Not in terms of licensing it doesn't. Low voltage for license purposes is any AC or DC voltage below 50 volts. Anything above that (with the exception of SOME 70.7v Distributed audio , aka P.A. systems,) requires a standard electrical license. If an audio system is capable of voltages or power output above a certain threshold, the wiring Class changes. Class 1 is like standard household wiring, 120-240v and up. Class 2 is high power 70.7v or high voltage 100v audio; Class 3 is standard audio lines, data, and some landscape and other low (usually 12 or 24v) lighting.
However, in the overall world of electrical system voltage classifications, IEEE Standard 141-1993 sets the following definitions:
Low Voltage − From 120 V to 600 V.
Medium Voltage − From 2.4 kV to 34.5 kV.
High Voltage − From 46 kV to 230 kV.
Extra-High Voltage − From 345 kV to 1100 kV.
(I add that IEEE sometimes calls voltages below 120 "ELV" or Extra Low Voltage)
Other countries use a similar breakdown.
So you are partly correct. Interestingly though, in the audio world a 70.7v P.A. system does NOT require low voltage licensed installers in most states. It does exceed the "normal" license LV standard, but since it is "current limited" they ignore the voltage. I can tell you from first hand experience a 70.7v P.A. system WILL deliver a painful shock.
It sounds like being licensed is far less important than being thorough and competent. Great stuff, thanks for the reminder.
Well no, if the first guy had actually been thorough and competent none of this story would exist.
@@UnbeltedSundew Yep, that's what I said.
@@jswets5007 Indeed, I misread it somehow. Sorry 'bout that.
This is why you don't accept work that is out of your official Scope of Practice. There is a reason there are specialty guys like yourself. You have the tools to do the thorough search. I just had a customer today that removed his hardwired ADT system, while doing so he disconnected his phone wire. When I was there I explained to him, if you don't know 100% what you're doing, DON'T TOUCH IT! Call us, we can tell you what you can and can't remove (I work for a cable company).
Yeah! Not just tools, the experience, too. When your septic system screws up, it's the worst day of your life. To this company's workers, it's Tuesday. That's the kind of competence you want to hire.
Also if you do work not on your official Scope of Practice, the insurance company won't help you if the customer doesn't pay or they sue you for some reason - even if you are competent and did the work correctly.
Guilty as charged…😖
Always get your own inspectors, even if the real estate insists on doing their own and in that case do yours after theirs.Costs more in the short term but saves you heaps later.
I learned this first hand. The seller was quite happy and had zero problems. When we asked for him to cover the home inspection. At his expense. And the inspector wrote everything up. Just so the home could be financed. While skipping over things that needed repairs. That would have made the bank, not finance the house
Love stores like these and all the juicy details you fill in!
God bless the attorneys. Hopefully both the inspector and realtor will tell the next prospective homeowner that they are not qualified to inspect the system they were asked to inspect.
Those other home inspectors are going to find out the hard way one day they should either get certified or subcontract it out.
why when the imspector loses all they pay out is the pay you put in the first place you cant get more after that it is in the contract
Makes you wonder how many things said home inspector missed on their home inspections
So the home owner did everything to hide that there was a basement and the only way it was found was when stuff was ripped out. Do you expect the home inspector to have x-ray vision or something? The ability to read the sellers mind? This isn't an example of the home inspector missing something, this is a case of a seller lying and you all blaming someone else.
Don't get me wrong, I've seen plenty of home inspectors miss big things, forget to inspect areas, etc. I think as an industry home inspectors need better training and should only inspect what they are trained and qualified to inspect. But also that the real estate industry needs to change and stop referring unqualified inspectors, using crappy contractors to make repairs, training real estate agents more, allowing more than 2 hours for a home inspection (yes I've seen agents only allow 2hrs for inspections), etc.
The real estate industry as a whole is crooked, not all agents and brokers, but they don't hold the crooked ones accountable and they almost always are looking for the path of least resistance to get the deal closed even referring lousy inspectors and contractors.
@@andrewnyveldt1663 Read a story of a woman buying an apartment in a nearby town, had an inspection done by a reputable firm and it looked good. No apparent structural damage or anything like that, just general wear and tear from living in it. Some months after the closing, she had been doing some work inside, remodeling kitchen, changing floors and whatever, and when they ripped up the floor in one section of the living room they found a lot of rot and nasty stuff. She had home buying insurance, and they started arguing with the seller and inspector, something that went to court eventually.
During the proceedings, they recognised that it wasn't reasonable that the inspector should have caught it, as it would involve literally removing the floor, and it wasn't possible to detect from the other side.
In the end, the woman who bought the place got the money from the initial purchase refunded (previous owner was made to buy it back because it was in such a poor state), but not any costs she had already spend doing remodeling (think it was some $30k at that point). Inspector suffered no ills because of it.
That lady did luck out, previous owner not so much. It supposedly cost a lot to fix that singular issue than she had already spent to remodel.
3:15 😂 it could be called incompetence but we're going with Negligence 😆
That $3500 bill is nothing compared to what they are going to sue the home inspector for.
Not really. The damages was 3500. Might get a little extra and maybe lawyer fees. . .but that’s about it. Likely small claims court too.
@@NPzed won't there be extra for the unlicensed work
@@dollface2907 Maybe the state would issue a penalty/fee, but I don't think the damaged party would get that. Though I have not researched the laws, torts, and precedence in that area.
Usually you can only sue for the price of the inspection. Inspectors have pretty hefty contracts their clients sign in order to do an inspection, specifically because of lawyers like this who think they can sue everyone 6 months later because something changed. And the insurance a HI carries will have a much stronger legal team to deal with it all.
im anti most cold but even i think this guy needs sued and bard from doing inspections its one thing if customer dont care point out real Safty concerns have thos fixed move on but if there paying for inspection do it buy book
You know of course when you talk to those other companies about farming out inspections. It might behoove you to pass this story along to them. lol
In his demeanor, it sounded like he had told them. Yet they chose to ignore it. 🤔
@@cruzinsweetsntreats yep he threw an FYI at them and they were like good to know anyways
@@cruzinsweetsntreats This story was $3500 in damages but they charge ~$300-500 per inspection. If less than 10% of people they inspected a well for sued them, then they still come out ahead.
@@Chris__UU it could have been more than that , from the homeowner's (lawyer's) perspective.
This is why I do my homework and go the extra mile to get to know who I'm doing business with! It really is a good feeling to know the itemized receipt I get represents what I'm getting and the price is in the range discussed. My dad taught me that you get what you pay for and good work is worth the price over shit work followed by an ok job with double the receipts!
Thank you for the heads up on things like this. First time home owners who are unaware could be really up poops creek because of real-estate agents look8ng to cut/ make a buck.
Thank you for taking the time to share this! Very knowledgeable!! You are amazing and please keep sharing your world with us! It is so very appreciated by more than you know! So very much love and positivity happiness good health and peace to all! Especially you and yours!
That is shameful of this home inspector not taking you up on your offer because they can clearly be sued later on 😂
And when they learn that another home inspector has been sued, and what it cost, it's very possible, after James has planted that seed, that they might reconsider and contract the work to him.
Because it's easy money and that's all they are thinking about. That will quickly change once this lawsuit hits home. So, you have the "inspection fee" the cost of the repairs and the lawyer fees all to be awarded to the plaintiff. That isn't just $3,500 not to mention any fines for doing unlicensed work. This could be a nice chunk of change when all said and done.
@@scotthopkins2235 exactly 💯
@@scotthopkins2235 Probably not. Because of tort reform plus arbitration clauses this very well could settle for significantly less than $3500.
If you do a 100 of these "inspections" for 300$ each and loose a lawsuit on one for $3,500 that's the cost of doing business. They are still winning by far so no they will continue the same BS game.
This is actually really freaking fascinating.
Very nice how you weaved that all together at the very end. Thanks. Nice job.
All good points. Thank you
It sometimes takes ball of steel to do stuff for people who you don't know
Even if it's as simple as changing a flat tire
Kinda like to hear the outcome of this one, since every home inspection report I have ever read had a disclosure that says something along the lines of "You acknoledge this is not a guarentee, in the event we missed something your damages are limited to the cost of the inspection" in more words but thats the point.
If that holds any legal water then all this persons getting back is the cost of their inspection.
I wonder if it's similar to warranty void if opened stickers. They don't stand up legally but discourage people from pursuing legal action
it won't hold water because they didn't have a license to perform the inspection.
I think it comes down to two things: the laws in whatever state it's happening in, and how skilled the lawyers are.
Just because something is in a contract/disclaimer doesn't mean its legal, if the act itself is against the law. It's a pity these things aren't taught in schools, because it means people don't claim their rights and get fucked over because of dodgey wording.
To put it in context:
I could make you sign a contract saying if you tell on me for breaking the law, I'll sue you for breaking contract... if you then break said contract, I wouldn't have a leg to stand on in court if I tried to sue you.
Courts are not particularly fond of exculpatory clauses (the legal term for these disclosures).
Love your content! Unbelievably knowledgeable been watching for a while this video has made me respect you! The fact you are so transparent and completely honest is such a beacon of hope. I'm sure you teach this methodology to your workers because THIS... is how you build a legacy and a brand! Hats off to you Sir... 👏👏👏
I almost took a job as a sub-contractor / inspector (25 years ago) and I asked too many of these same questions. I also looked at what I would be doing and how long each job might take, then crunched the numbers to see if I could make any serious money. I was tempted but didn't take the job. They were friendly and up front on many things, but I realized all of the field workers were freelancing and there was no coordinated training to keep them all on the same page. I also saw that their check list was a very basic "good, fair, bad," without another area to say things need further investigation. We'd be taking water tests, radon tests, well water radon, etc, but all of that was sent to a lab at extra cost and took longer. (also optional on the contract) They were really only interested in doing the basics and sending a bill for quick turnover. The bottom line is a guy can only do a cursory inspection for the kind of money and report that most people are willing to pay. Much of this is a visual only and done by a guy who doesn't have hands on experience in any particular field. Bonus points if the guy is a handy man and has a partial grasp of things.... but most do not. A sharp lawyer should be looking at the fine print in the contract to see what the limits of inspection are. That well inspection might only be a 20 minute flow to see if everything seems normal and is working now.... and a visual for rusty, leaking or broken components, which may be out of sight and actually inside the well, so not covered at base contract cost. IOW, the customer might be too cheap to pay for a proper inspection then be looking to pass the buck.
Oh I love this game!
Right!
Glad your in the clear sheesh. 👍✌️
You should be a licensed as home inspector, you definitely have the aptitude.
Maybe this could be a side hustle, being the one inspector who inspects the inspector.
Be a specialist but never be negligent on something. All it takes is one mistake to end your career.
That’s a big damn oopsies
I worked in the automotive industry for over a decade. This is the whole reason I would write up every single thing that was wrong or possibly needed attention and even take pictures and then I would let the customer decide what he or she wanted to do. I didn't want anything like this coming back and biting me ;)
Thank you. This sort of stuff needs voluminous discussion!
I hope you got compensated for the consultation as an expert.
Make sure all those Home Inspectors that are doing (unlicensed) Well Inspections get quietly informed through back channels about the law suit.
Suspect that shortly afterward, they might reconsider the option of sub-contracting that work to (licensed) Well Inspectors.
This needs to happen a whole lot more
Education comes in many ways. Thank you Mr. Butler
Thrilled to be retired these days. The cases I worked often involved hundreds of thousands to millions in exposure, we had E&O and liability insurance up to our eyeballs.
And the home inspector's insurance will probably not cover him on this. There's a series of check boxes when applying for insurance as a home inspector asking what other services you provide; septic, well, mold, asbestos, termite, etc. If you check any of those boxes, you are supposed to provide your license number for those items that are licensed separately (which is most of them).
This is why I have multiple pages of my home inspections dedicated to explaining all of the things I'm not. I'm not a plumber, or an electrician, or a roofer, or an HVAC technician. I'm a guy with a flashlight and a screwdriver, and a wealth of knowledge about most of the things that are wrong with a particular house at a particular time.
Here's the way I operate my business: I treat every customer like family (even if they don't reciprocate the feeling). I give them as much information as possible to help them understand what they are getting into. And I am prepared at any given time to explain to a judge exactly why I did what I did and said what I said. Anyone can sue you at any time, but if you are prepared for it you don't have to be worried about it. I don't think the guy in this story was prepared for it or worried about it.
Do you step outside of your sop for more profit? I don't. I recommend having the systems not typically included in a home inspection be evaluated by an expert in that area. Too many inspectors are trying to be a 1 stop shop and this one got burned. Realtors should not recommend "a guy". They should have a list of inspectors that's in the area and let the client pick one.
Thank you!! This is great info. This helps me looking for a home in a more rural area then where I'm at now.
Great information and words to live by as usual. Thank you
As for your 2 home inspector buddies that do well inspections, just sit back and wait for the phone call when one of them gets sued for missing something on a well inspection.
It's always interesting being a surprise expert in court.
Excellent discussion of the issues involved.
I love your delivery style. Factual, considered, calm. Very refreshing.
It goes a step further with professional engineers. A PE has a stamp, and it's their job to look over plans-for buildings, mechanical systems, whatever-and insure they will work properly and safely. And if the plans pass muster, they get stamped. And if something goes wrong and a failure results in someone being hurt, the engineer that stamped the drawings _goes to jail._
Yeah I have a homie going thru a lawsuit right now for plans he stamped in 2009
If it was a fault of the design. If the contractor used inferior parts or didn't follow prints then it's not the engineer's fault
@@austinwinston684 section 2 of O.Reg. 260/08 (So for Ontario)
"The professional engineer, with respect to the matters that are
governed by the building code, shall,
i. make periodic visits to the site to determine, on a rational
sampling basis, whether the work is in general conformity
with the plans and specifications for the building"
So my understanding of that is the engineer reviewing the construction (can be a different engineer than the one who designed it) does have some duty to make sure the correct materials and methods are used.
@@loganvanderwier8866 no idea about Canada. I'm in the US
From a friend who is a licensed architect: as long as you are alive, you are responsible for your stamp ... and its effects.
As a home inspector, I’ve had many realtors tell a client that issues that I’ve found aren’t a big deal. They were. That being said, I followed my standard of practice and didn’t do any “extra.”
Preach! Those realtors get put on a "do not service" list for us. The first phone call the client makes is to you/us about how something has failed/malfunctioned, and its our fault for not catching it. We then have to dig up the inspection report and photos of said inspection to prove that we did document it. Then they call their realtor. And before long the phone rings with a lawyer wanting to get our story of events. My company is a family owned owner operator business with 3 employees, and we just dont have the time to deal with all the headaches of incompetent realtors
We just went through this not long ago where we did an inspection and found that the drain field of a septic system was not flowing properly and upon returning to do some more in depth investigation we found that the drain field was shot. We told the homeowner that they needed a new drain field. We created our report with the photos and sent it to the seller/homeowner because thats who hired/paid us to do the further investigation. They then closed on the house and said everything was fine with the septic. Week or two later we get a call from the new owner because the toilets are backing up. We inform them that the system is shot and we were just here to determine this. This lead to a 2 week back and forth between the seller, both reltors, the new owner/buyers and the buyers legal team. The seller and her realtor tried to blame anyone and everyone to not have to be liable for it.
The conclusion was that seller had to pay for a new drain field and the needed pump tank, new terf grass, and re-homeing bills for a month for the buyers, as well as a pretty peny on top. The sellers realtor lost his license and faced some legal fees as well.
We were saved by recorded phone calls, the letter of findings and photos that were emailed to the seller. She also denied that she ever received them but the recorded phone calls proved otherwise.
give us examples so we can judge if there really big deal lol
@@jonsworld5307 I'll give a simple but dumb example. I found the main water valve to the house heavily rusted and leaking, it was a nice steady drip right into a ice cream bucket that was half full. I called it a major concern due the the fact that if this valve breaks the home home owner has no way to shut off the water into their basement. They would need to call city utilities to come out and find the shut off valve out by the street. When this happened there was about two feet of snow on the ground. The realtor said that it wasn't a big issue and the valves leaked all the time and that he didn't need to worry about it. I told the client that I would agree with the realtor on any other valve as a minor concern, however since this was the main valve I upgraded to a major concern as I felt that he wouldn't want to try to find the number for public utilities, wait for them to come out and find the street shut off, all while watching the basement flood. Keep in mind part of being an home inspector is educating the client about the house, my client at the time didn't understand why the main valve was so important.
@@axiswolfstar i agree with you any leak even small can do 1000s in damage if blows out even if you know where meter cut off is time city gets to your your homes flooded
Maybe they were not a big deal and could be negotiated.
Love to hear this, realtors and contractors, inspectors, etc are all in cahoots.
I was an AHJ for 16 years...not being licensed or certified was an easy case for me. Been in those depositions. I am 36-0 in court against unlicensed persons or companies. Great story. Thanks for what you do.
Imagine if they (home inspectors) didn’t check for bacteria and the home owners got real sick.
My husband owns a Home inspection business
Were only responsible for checking Radon Gas in our state of Georgia. Not bacteria in the water.
And thats a Extra charge for Radon
If they dont want to pay for Radon testing then its on them...
My husband really tries to push it . Not just for money but Your life!
But some folks just don't care!
They just want to get in the home asap.
@@sunnydee5998 yeah I know that but this guy he’s talking about did a well inspection and F’d up. Imagine how bad it could’ve been. I’m assuming bacteria in your water system could make you really sick.
This man is an advertising genius 😂😂
I used to flip houses, I always did my own inspection, real estate agents kept asking why I was looking at the foundation and attic etc. I said, I don't care what it looks like, I care about the infastructure, to this day I carry a flashlight and circuit tester with me. If you are buying a house, learn about the guts of a house and what to look for. Cosmetics are easy to fix/change, re-wiring or re-plumbing or roofing a house is costly.
I teach at a university. I’m an industrial engineering professor and my specialty is stochastic analysis. I tell the undergraduate students to look carefully at the transcripts. When they are considering whether or not to do something they should think about what they know and what they don’t know. If they know how to do it, they should do it, but if they don’t know how to do it, they should hire someone who knows how to do it because in the end they are responsible if something is messed up.
Clint Eastwood once uttered a perfect line as dirty Harry.
“A man’s gotta know his limitations.”
Words to live by.
the only thing that rubs me the wrong way a bit is the idea that a license actually means anything to begin with, I'm sure there are (and James probably knows) state licensed well inspectors that aren't good for anything, likewise I'm sure (and sure he knows) unlicensed people who know exactly what to look for.
The thing about licensure is that you can get legit insurance coverage for errors and omissions. If you aren't licensed, there is a presumption of gross negligence, which no insurance will cover.
Having a license doesn't mean you're competent, but not having a license surely indicates that you're incompetent.
The inspector was liable anyway. The lack of a license makes it a slam dunk.
@@danielhawkins6425 This. The link between licensure and your business insurance (which is what will protect you if you screw up, and is especially important if your business is regularly performing services at people's residences, because nobody is perfect and the world is full of imperfect days, etc.) - that's *HUGE*, here.
Yeah, when my parents bought a house years ago the inspector gave the septic system a 'C'. Turned out, there was no septic system and the pipe from the house went into a hole in the back yard. They could've sued but figured they'd spend more money than they'd win, IF they won. In New York, courtroom outcomes are based on what is best for the legal system, not anyone as worthless as tax slaves.
Realtor getting the kickback that is deserved.
Since I've been watching your videos. I've learned a lot. Keep em coming.
Good way to loose the licenses you do hold 👨🏼⚖️
and perhaps the right to be bonded. bye bye career.
Good. These people need to be held accountable for the mistakes they make that cost homeowners thousands.
Love to hear the outcome of that story?
This is ( I hope ) worthy of a follow up piece. You didn't say if you had billed the Law firm for your time. But you gained potentially impactful advice on your operational deficiencies (if any ). What difference could any of this make to your bottom line, apart from ensuring that you provide an enhanced knowledge and thus give superior service? So many don't even think properly about liabilities.
A great slice of life Thank you.
Never would have thought I’d be following a well and septic guy on CZcams. Thanks for making it interesting.
I love your videos. You seem to be well spoken and well prepared.
Why don’t you become a home inspector as well then you can make more money doing both jobs, or hire someone who does it to work for you, or have an employee you trust licensed in it. Sounds like a good expansion of your business.
just make sure know what to inspect and don't end up getting sued for missing something
He essentially did, @Ryu Kirito; he offered home inspectors his services.
To do home inspections he'd have to become an engineer, and a whole bunch of other stuff.
Also, specialising in one thing is how you get so good, and get loads of work and a good rep, as he seems too.
On the flipside, trying to be a jack of all trades like the Dodge home/well inspector in the story is exactly how stuff gets missed and things like this happen (and that's being kind, assuming it was negligence or incompetence, not corruption, like I suspect it was).
Hes got the right idea, offering his services, as opposed to starting a second career.
Lisences #12
@@piratemousie Except James has talked about how he has an ongoing competition with his brother to see who can obtain more professional licenses, so becoming a licensed home inspector is the sort of thing he'd do if he can readily do so.
@@grathxvii I don't know about in Turtle Island, but here in Aotearoa I'm fairly certain you have to be a qualified engineer/Architect ect to get that license.
And whilst I suspect the competition is important, I think the rest of the points I raised are POSSIBLY a bit more important... although sibling rivalry can get pretty intense 😂
would a sewer pump be covered under a home inspection? Plus any advice on the maintenance of said sewer pump. I would totally hire your company but we are a little out of your area lol
Pretending to be a professional is very profitable until somebody else gets hurt or loses a lot of money.
I hope you invoiced the Lawyers for your time.
I know. I would have had them come meet me and charged them $200 an hour.
You just gave me the understanding needed to go after the PGA golf association! They use courses throughout the world, endorsing these courses, not knowing how the superintendents run the course. Most likely running if in a way that puts employees like me in harm's way. I lost my career and field of study almost 2 and half years ago from incompetent boss! These bosses was also sending underage employees out to spread insecticides, and running large pieces of equipment.
Just make sure you act before statute of limitations runs out.
Man, was going to write a legit essay about the problems with litigation society. But I just don't want, or need to deal with the fallout. As you know James, there are certain clients you just don't take.
There is no actionable force against incompetence, just the product of it, negligence.
Great video, loved it. All those problems now paid.
Home inspectors are called “deal killers” at least here in the southeast. Home inspectors getting sued and the realtors getting sued should be a thing more often. I’m a Master Plumber and on a few occasions have had to put a home inspector in his place. I actually enjoy doing it.
Thank you James Butler. Sir you're quite lovely. I love being in your outermost orbit. You're helping me be smarter... it's rubbing off.
Can you believe 300k plus just happily listened to you quickly talk about a day you had at work? Very cool 😌
Deep down, lawyers are really ok. That’s why they bury them twelve feet deep.
Makes sense until your home inspection fees goes up 10x because of Karen's like her being sue happy.
As soon as found out she works for a law firm I would have walked away. She was looking for someone to sue. She is screwing the Agent who had nothing to do with the inspection.
Home inspectors are supposed to look at everything if they subed everything out a home inspection would likely hit $10,000 or more.
I once had a neighbor who is a building inspector and he said that corruption is rampant there.
it's about time, home inspectors and realtors get away with entirely to much incompetency and dishonesty....
Finding out your legal responsibility can be good, and it can suck.
I’m gonna buy next year. You give me things to look out for. Thank you
Those home/well inspectors better make sure they do a damn good job.
THANK YOU
Thank you
YES!!!! The realtors often refer inspectors that don’t find any big problems since big problems can result in the purchase falling through!!!!
Wow, that's crazy!