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MONDAY MORNING MESSENGER

Message prepared especially for Members of the American Institute of Inspectors® as well as Home Inspectors abroad

April 9, 2001

GOOOOOD MORNING, A.I.I.™....

It might be a great day here in Washington! That's right, Washington. I am currently making my way home from the conference in Portland, Oregon. Have you heard of information overload?.... Well that is what happened over this weekend as my mind's hard drive was filled with facts about earthquakes, mold, electrical fires, attic ventilation, molds, and yes the ever popular "Sue the Home Inspector!" It was incredible to sit back and listen to the informative presenters.

A special thanks to all of your who proivided the feedback for today's issue. It has made the issue much easier to produce. News from the homefront is not good and I will keep you all informed as information becomes available.

SELLER'S COMPLAINT LETTER Part Two By Steve Bradley - Medford, OR

Last week we shared the complaint letter written by an irate Seller to both Mr. Bradley and to the State of Oregon Contractors Board. Here are some of the thoughts that were shared by the readership.

How was the access door left open if there had been no understructure inspection? Steve's report stated the floor condition as poor. I've seen many NEW bathroom floors by Harvey Homeowner or Fly-By-Nite Construction INC.that were in poor condition the day they were replaced. I recently inspected an old house that had three computers, portable electric heaters in every room, multiple tv's, etc. The homeowner had solved the ancient wiring problem (one outlet per room ) by using multiple strip adapters to power up all the electrical gadgets. THEY WEREN'T CONCERNED THAT THEY HAD 30 AMP FUSES IN EVERY CIRCUIT THAT WAS PULLING 29.9 AMPS THRU 80 YEAR OLD CLOTH WRAPPED WIRE.( go figure! ).

This letter is like the one Gene got a few weeks ago from an unhappy seller. This is a good example of the precarious position that we, as inspectors, are in. Certification is great for improving industry standards but having to answer to the Contractors Board is the pitts. They can't see through most frivolous complaints as though they are just waiting to rake us over the coals.

I just recently received a complaint from a buyer who got a report that I did for another party (who didn't buy) from the listing agent. Their name is not on the report, nor the contract, but have sixty some separate complaints listed. From UNLEVEL CLOSET APPARATUS to SLOPPY PAINT JOB. Here is a good one- KITCHEN PIPES BURST THE FIRST TIME WE USED FAUCET. I would like to know how that is possible! Anyway they filed complaint with the board and now I await while the board seeks additional info from the complainer. No one has bothered to ask me about anything, or even addressed the fact that the report was not done for or paid by the complainer. In Oregon this is definitely unfair situation for inspectors.

It is my understanding that real estate law says understructure dry rot wood destroying organism inspections must be shared by both parties but home inspections are not mentioned. That makes sense as the sellers normally have to make any repairs or exterminations needed to get a clear report, for lender requirements to finance. In Oregon, the contractors board does everything to encourage dissatisfied parties to file complaints and have little regard for the true validity of them. We pay for that service with our license fees. I think we are in the fish bowl more so than any other professional including Doctors and Presidents. Makes me wonder why we have all those disclaimers and terms of agreement signed and documented when they mean nothing to Lawyers or Contractor Board officials. Inspector beware! Reggie Ayres - Medford, OR

I would simply state that as a professional home inspector, the positive items as well as the challenges noted on the report were 100% accurate based on a complete visual inspection and at the time of inspection. As the report was developed for the buyer, and challenges were found, it is understandable and regrettable that there is disagreement with the seller on the issues. However because the seller has access to the report, he and his agent may find the report useful as a way to properly prepare the home for presentation to the next prospective purchasers. I would let him know that I would be happy to consult with him (for my typical fee) regarding preparation of the home for sale, and wish him good luck with future buyers. Good Luck, Steve. Roy Brown - Lake Stevens, WA

Dear Sharon XXXX, I'm sorry you feel that this report is inaccurate, however I feel that at the time the inspection was done, the report was accurate. Buying or selling a home or property can be an emotional time for everyone involved. When an inspection is done I try to insist on doing a walk through with the inspection purchaser after the inspection so the report can be explained in detail. Almost as important as the walk though is a phone call if any questions arise. If you would have called me we would have been able to go over the report together page by page over the phone, or perhaps even in person. I hope this helps you understand the inspection process. Good luck with the sale of your home. If you have any questions please don't hesitate to call.

Sincerely, XXXX Inspections - Eric Smith - Corvallis, OR

It I difficult to respond without having actually inspected the home. I have had a number of occasions where the buyer decided for other reasons not to buy a home and used my report as an escape hatch. If they disapprove the report they can terminate the transaction as long as the report is a contingency and they are within their time period. This can leave the inspector as the bad guy if the other people involved don't see the bigger picture. The sellers and their agent usually don't see the whole thing and end up hating the inspector.

If the seller's interpretation of the conditions noted are accurate, they should be able to respond to the buyer and clear up any misunderstanding. There would be no reason for the transaction to be terminated. If, however, the seller is viewing the home through a lens fogged with ignorance and emotion, as is often the case, they may never see the real picture. I inspected a 75 year old home last month that had a beautiful brick wainscot around the perimeter. I was sure it had a raised foundation until I entered the crawl space. The home had a pier and post foundation with earth wood contact everywhere. The brick was just a veneer hiding thousands of dollars in repairs. The sellers had no idea.

In defense of the seller, we as inspectors often put things in our reports to cover ourselves or demonstrate our dazzling intelligence that have little or no value to the clients and simply serve to cloud the process. As an example, our contract should cover the issue of inaccessible components unless there is an area of excessive or extraordinary clutter. I don't often see the need to put comments about items such as outlets, wall surfaces or floor coverings being inaccessible in the report. Jon Gudnason - Placerville, CA

Dear Mr. & Mrs. Homeowner, Thank you for sending me your document that includes your added findings. The two documents together forge a strong disclosure statement and conclusive evidence of the home's true condition. Your letter appears to have overtones of anger (Am I reading this correct? I feel your pain.). If I were you, I would be mad as hell too. I would be hunting down the people who are responsible for allowing your home to get to this state of disrepair. Their punishment would be just too; I would force them to work bare handed, with no power tools, on ALL the deferred maintenance items reported by the two of us. You can thank your lucky stars that my report, along with your added findings, means you can pass your home on to a Happy Buyer.

We all know that an Unhappy Buyer, who feels cheated or taken, can and most certainly will sue the seller after they move into what they thought was >Their Dream Home<. Again, Thank you for taking the time to communicate your findings with me. I feel, now, we can call each other inspector friends. If you decide to fix up your home, call me when the work is done and we'll break open a bottle of Champagne and celebrate.

Have a great day! Steve Dansby - Portola, California

That was great feedback by Steve Dansby, but then I realized that he had a second approach to the same situation......

Response #2: Dear Mr. & Mrs. Homeowner, The first question I have is "Are we talking about the same home?" The home I inspected appears to be located at the same address. However, the information in your letter challenges me to believe they could possibly be the same. I know when a buyer backs out of a sale it causes the seller to >point the finger of blame< to one or more of the professionals that had been at their home (appraiser, pest and/or home inspector) rather than the real culprit; THE CONDITION OF THE HOME. Now you are in a dilemma. You currently have a professional document that discloses the condition of the components in the home. However, since you have been made aware of these issues you now have options: either repair/replace the defective items or ignore them and the report and sell as is. Question: "Do you understand >Full disclosure<?" Just wondering. Have a wonderful day! Steve Dansby - Portola, CA

I had the "pleasure" of receiving one of these literary works. I did what we should all do...act immediately to get the exact story. In my case, it was the buyer that was upset. When I arrived, I found two items that were of substance and the others were due to the seller making off with materials. Additionally, the buyer did not follow the recommendation to do a walk through of the home prior to signing. The seller had a large amount of furniture and packing boxes that covered up conditions. In Steve's case, going over the report with the seller, even though not the client, would clarify issues. I have used the electrical condition comment before and it pertains to electronics not capacity of the system. Oh well, if I know Steve, he will handle it with due promptness. It always seems to be the ones that do not pay the tab that cause the letters. A phone call would clarify so much. Good luck Steve. Jim Corbin - Bow -WA

Without seeing the report it is hard to say, but I am still having an issue with the seller getting the report for the fee paid by the buyer. I suppose that Steve reported honestly and correctly and only needs to verify his findings, or am I missing something here? Chris Burkhart - Sandy, UT

Dear Mr Homeowner ...I am glad that you have been happy in your home for the last 11 years and I expect the next owner will be happy to, but please realize I was paid by Mrs. @#@$ to give my opinion the conditions of the home so they could make a decision on what would be involved to make it to what they want. So they could be as happy in it as you where. A lot of the things I wrote seem small to you but I must report what I see so that the pending purchaser can make a valued decision. Roy Cooke - Brighton, Ontario Canada

It is rather difficult for me to come up with a response to this letter not having inspected the property. At the same time it appears painfully obvious that the disgruntled seller is upset at someone who is not to blame. My response might go something like: Terribly sorry about leaving the gate and crawl space access open. As for the conditions of the various items reported on: I have developed, over the years, a system for reporting conditions of components in the home that I feel is fair, accurate and consistent. The mere fact that you have been able to operate or live with the conditions of the various components reported on for 11 years (ie. roof, oven, electrical system that is severely overloaded, by the way, thanks for demonstrating the need for a new system in your letter to the CCB they will likely get a good laugh over that) does not, by default, categorize those components as being in "good" condition. The "newness" of a component (floor covering) also does not determine the condition of that component. Many factors are considered when assigning a condition to a component including but not limited to: Serviceability, Durability, Is component within, near the end of, or past its designed life expectancy, etc... It is improbabable that your assessment of the conditions of the components would be consistent with mine. I have no vested interest in the property or whether or not the house sells. You are trying to sell a house and will benefit greatly in the sale of the house. Because you do have vested interest in the property is one of multitudinal reasons why you were not contracted to perform the inspection. (probably would not include last two sentences.) I have photos and documentation coming out of my ears to further stand behind my report. et cetera..... Peter Barten - Bay City, OR

The responses to Steve's plight were very informative, and yes we all know how hard it is to comment since we didn't inspect the home. Those with time in the profession have all received some sort of letter like Steve's. How we respond to the angry tones in the letters varies greatly. Many times the first draft is a good way to vent your anger but not necessarily appropriate to send out. We have the good fortune to have the letter that Steve sent to the Seller. Please remember that Steve was also using the letter to defend himself with the State Contractors Board.

Since Steve's letter is a defense letter to the Contractor's Board, how well do you think he defended himself???

S

Name, City & State: Please include your name or else I don't know who it is from.