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MONDAY MORNING MESSENGER

The online newsletter prepared especially for the membership of the American Institute of Inspectors® as well as home inspectors around the globe.

December 12, 20051

IT'A GREAT DAY...

Haily with her Ballroom Dance coach at Friday nights performance.

It's a great day on the way here to Orem, Utah. The Christmas season is upon us. The bottom has fallen out of the inspection market, but I think this has to do with the sudden stop of inflow of Californians once the snow and deep freeze hit. Hopefully this week the orders will recommence into my inbox.

It will make very little difference whether I have inspections to do or not because the week will be filled with good efforts. Whether it is going to a Christmas program, attending a Utah home inspector legislative meeting, participating in Boy Scouts, or just prepping for Christmas, this week will be full indeed.

LEGISLATION - Yep!!! It is raising its head again and this year there will definitely be Utah legislation - If you are interested, then please click here to visit the UTCHI (Utah Coalition of Home Inspectors) pages on my website.

SHOULD WE TURN ON APPLIANCES?
As home inspectors we are often pressured into the uncomfortable corner of whether or not we will turn on appliances at a vacant home. I really feel for the newer inspectors who are willing to do almost anything to land on a big roller agent's referral list. The pressure is a reality and there doesn't seem to be anybody in the transaction demonstrating any common sense.

Last issue I shared a photo and asked...

Every picture tells a story...

What do you think is the story behind this photo?

Imagine that you are driving to your 11 AM inspection and the cell phone rings. It happens to be the listing agent of the home and the agent says..... “Uh Dan, I believe that the inspection this morning will have to be cancelled because the house just blew up!” This is a true life story as shared by Dan Norman from Colorado.

Hearing Dan recount the story I was almost unbelieving. Dan is a credible source, but this was a late night Seattle retelling of the account. But after a quick Google search I found the news story. Dan also sent along some photos that he took on site. After all, he was almost to his 11 am inspection when the agent called.

The other main point that this story re-enforces is why we do not light pilot lights in the homes that we inspect. Imagine of this had been the home inspector that blew up the structure.

Man Severely Burned In House Explosion

Turning On Furnace Leads To Natural Gas Explosion

POSTED: 12:03 pm MST November 5, 2005

UPDATED: 7:27 pm MST November 5, 2005

AURORA, Colo. -- A maintenance man with Metro Brokers was severely burned Saturday morning when he switched on the furnace in a vacant house and the home exploded, 7NEWS reported.

Juan Quintanilla, 42, was taken to University Medical Center with second and third degree burns on 50 percent of his body, including his face. He is listed in critical condition.

The house was for sale and Quintanilla was at the home on behalf of the real estate company to prepare it for an open house. Firefighters say the victim was trying to light the furnace when the house blew up, just after 9 a.m.

"There was one big bang. I never heard anything like it," said neighbor Rhonda Matsumoto. "Part of the house was in the street ... And I saw the guy run out, holding his head like he was delirious, and then ran to his neighbor's ... and just knelt down on the grass."

When firefighters arrived, the first level of the home -- from the front door to the back patio -- was blown out. The two-story home is considered a total loss.

Firefighters said a natural gas leak caused the explosion and have ruled the blast accidental.

http://www.thedenverchannel.com/news/5258488/detail.html

Should Dan have billed the client a cancellation fee? Do you still allow your clients/agents to pressure you into turning on utilities? Does your insurance cover you while turning on the utilities?

Your Name: City, State:

E-mail: PB1

GRANDPA JACK - CRUZIN THROUGH ETERNITY

It was just one year ago that my oldest son Adam and I were sent on a family quest to rescue Grandpa Jack. It brings tears to my eyes to flash back to that adventure, for here we had a man in the later end of his life proving that he still had it... “It” being defined as independence and the ability to make it out on the open road. I did not know it at the time if my decision to go would forever be resented by my Father-in-law, or if he would take it in the spirit of love with which our efforts were being given. Please take a few moments with me to remember the experience...

December 6, 2004

It's a great day here in Orem, Utah. Have you ever had the pleasure of hitting the open road with your 10 year old son in an effort to rescue a family member 11 hours away? Well that is what I had the pleasure of doing with my son Adam and what a great trip it turned out to be.

Adam is a great traveling companion and very mature for just 10 years of age. When I invited him along at 9 PM he has thrilled with the thought of missing school and being able to see the landscape between northern Utah and Phoenix, Arizona. One of Adam’s favorite subjects is geography. It seems that he has a teacher, Mrs. Geary, who shares with him and his fellow 5th graders post cards from all over the United States and Adam wanted the chance to see some of those places.

The goal of the trip was to drive straight through to Phoenix where Adam’s Grandfather had decided to drive his classic car to a car show. The car is a 1952 Rocket 88 and known as Mellow Yellow. Even with a new motor, rebuilt 6 volt generator, rebuilt transmission and various other new extras, I knew that this was a tough trip to make from Cedar City, Utah to Phoenix without any mishaps.

Grandpa Jack headed out in Mellow Yellow and was doing okay until the 6 volt gas gauge misled him into thinking he was okay when just 10 miles out of Flagstaff he ran out of gas... Oh well, Triple A cards come in handy.... That is if you are in an area where the cell phone works. Those of you in populated areas probably can’t imagine being in an area where the cell phone does not work, but when you travel through the desolate portions of Utah and Arizona there are many areas where the reception bars on the cell phone register zero.

In Jack’s case the good Samaritan happened to be a cowboy on horseback who found him and offered to ride back to his ranch for a gas can. The gas was the beginning of his issues. The newly rebuilt generator was now squealing, which is a sure sign that the bearings were shot. If Jack had a 1954 then it would have been a 12 volt unit and available anywhere. In 1952 the system was 6 volts and nobody keeps their cars running 6 volts. And driving with a shot generator means that the car is as good as the battery. Being closer to civilization the cell phone worked and the AAA rescue operator sent out at least 3 rescue workers over the next couple of days.

Jack’s goal had been to participate in one of the biggest car shows in the western U.S.. With over 3,000 entries the lure was just too much and my father-in-law couldn’t resist. When I found out about his plight I looked at my wife Shelly and told her that I couldn’t forgive myself if I did not leave for Phoenix with the largest selection of tools known to man and shadow Jack back home again. Call it crazy, but I left out from home with the same craziness that Jack had just 4 days prior. But I had the sense to do it in a much newer vehicle.

With Adam as my navigator and my 7 pound toy poodle Joey as my co-driver we headed out. Being winter we hit severe weather and the travel went from clear sailing to treacherous as the snow storms were heavy. Adam kept me awake as it was our goal to drive through the night with as few of stops as possible. If you flash back to my inspection of the K Motel in Kanab, Utah earlier this year, Adam & I decided to sleep in the car once we made it to that point of our journey. With Joey keeping watch Adam and I caught about 3 hours of shut eye before the sky lightened and we headed back out again.

Adam was a joy to take on this trip. He was inquisitive about everything.  He wanted to know about the topography, the Indians, and all of the history. His questions caught me off guard because I was without one of my best father’s helpers, Google. Typically I will get a difficult question around the house and I will excuse myself for a minute or two and hit the Google Search for the needed answer. Driving along I only had the information that I have retained thus far in life.

One of our funniest memories of our trip will be our snowball fight in the parking lot of Denny’s in Flagstaff, Arizona. He drilled me in the head and then I had 3 of the luckiest shots in my life. The first hit him in his privates, the second went to his now bent over head, and the final drilled him in his bum as he was laying on the ground from the initial shot below his belt. The whole event left us laughing and giggling all the way through breakfast.

Adam, Joey, and I made it to our target and had a great return trip back to Utah. The Rocket 88 was now sporting a once again newly rebuilt generator, but it still needed a jump at every stop along with a new tire, but the car cruised smoothly along Route 66. Turning off that famous highway we headed for the Hoover Dam. I had been telling Adam about this great dam and about my trip with my dad to the same dam when I was Adam’s age. I explained to Adam about my experience heading down the elevator to the generator room, but that since 9-11 this privilege has been restricted. We approached the dam and took every photo opp possible. As we toured around the top of the dam I was drawn to the main tour and learned that just a couple of week’s prior the security for the dam had been eased up and that we could take the plunge 51 stories to the generator room.

Adam was so thrilled to be able to get the full tour of the dam. As we left the elevator and walked to this famous room Adam was the one that noticed the water running down the sides of the earthen tunnel walls. Seeing the water flow does not breed confidence and this just added to the anxiety level of the experience. A touching moment happened at the gift shop of Hoover Dam as Adam wanted to buy post cards for his teacher who had previously exposed Adam to this wonder of the world. Adam carefully selected the post cards that he wanted to take to give to his teacher so that she could add them to her collection.


Jack Gale Webb Jr.
7/16/1936 - 12/5/2005

I am sad to report the death and passing of my Father-in-law, Father to my wife, and "Grumpa" to my children. My emotions are close to the surface and I am having a hard time composing my thoughts. I respect Jack a great deal and always respected the way he took to my kids. The tears swell as I think of Jessica, Adam, Haily, and Aaron's void... And then there is Shelly. She has spent the last 3 months taking almost evey eaking moment that her health would allow and directed her efforts to helping out her Dad.

Jack's sister wrote of her Brother: Dear Friends and Family, at 4:55 Am December 5th, my dearest brother passed peacefully into his eternal rest after a long and valiant struggle with diabetes. He was surrounded by his family. Patti, his wife was by his side and his daughter Wendi was holding his hand when in his sleep his heart slowly stopped beating. The family had been around his bed and kept a vigil throughout the weekend. Someone was by his side 24 hours a day from Thursday until he slipped away from us. We laughed, cried, hugged and helped each other to say goodbye.......Jack most of the time recognized us and would try to respond to those who talked to him and hugged him. His wife, 6 children and their families were all there along with me , his only sibling, and nieces and nephews who all were able to to say good bye and tell him they loved him. He wanted to be with his family until the end.....I am sure it is the reason he lingered so long. I will miss him, for he was my hero, my protector, my guardian through childhood, my rock to the end. Thank you for all your love, prayers and support. The funeral will be in Cedar Hills on Thursday, December 8th at 12 noon. With much love, Lu, Mom

Your Name: City, State:

E-mail: PBLife

COMBINED NEUTRALS - GROUNDS & NEUTRALS TOO

In the last issue we shared all the many reasons that you should not combine neutrals inside a distribution load center or subpanel. In the process of sharing the information I received a sense of clarity on another fine detail that I previously did not understand. The moment of ignorance came from my good friend Douglas Hansen as I questioned him on a photo detail from his book “Electrical Inspection of Existing Dwellings”.


The bottom arrow is what has never occurred to me before that it was wrong. I often see electricians here in northern Utah that secure the neutral and ground under the same securing lug. I wrote to Douglas and asked...

I have attached a photo from “Electrical Inspections of Existing Dwellings” and found this image from page 4.27. I get arrows one and two but I do not understand why arrow 3 is wrong. As I read the documentation there is nothing prohibiting a ground and neutral of the same material and size under the same lug at a main panel. Can you help me understand?

Here is the lengthy response from Douglas...

Michael - What part of “individual terminal that is not also used for another conductor” don’t you understand?

There is nothing wrong with a firm grab you by your collar slap to bring you back to reality. I recommend that you revisit the information shared in the last issue to put all of this combined neutral discussion back into perspective.

CLICK HERE TO ACCESS THE LAST MMM ISSUE

Was I the only one out of the loop? Or were you also unaware?

Your Name: City, State:

E-mail: PB2

LP KNOT - BROUGHT TO LIFE

Gary Holzbauer queried... “I have never heard that there was supposed to be an "LP" in their "signature knot". The knot is just a way to identify their composite products. Gary Holzbauer - Junction City, OR

I took the time to animate the renderings shared by Peter Barten and others...

So whether you subscribe to the red version of the yellow version it is most definitely in there if you look closely enough.

The yellow of the red, which do you see?

Your Name: City, State:

E-mail: PB3

3D - ONE CLICK CONTRACT

Do you have your contract all set up for one click use? This is a feature of the 3D Inspection System that I have come to love. It takes a little bit of effort to set up your template and action, but from then on it is a simple click to create a contract with all of the slient and inspection information merged right in. No more are the days where you are handwriting in the information and faxing it to your client.

Please take a look at my contract template. You will notice the merge codes for the information that I want to be automatically inserted into the contract...

I will provide for you my contract where you can open it and copy and paste the merge codes into your own contract template.

SIGNATURE - Here is how I sign my contract. I have turned my signature into a graphic and I have it as part of my contract template...

ACTION - Now create your action on the left bar. You can see in the image to the right my actions. With one click of the SFD Contract action the template is opened and the information is merged. To accomplish this do the following.

1) Move your mouse to a blank portion of the left side Action Bar. Right click your mouse and select “Add new action”.

The following screen will come up on the screen...

2) In the first drop sown you get to select the category that you want your action listed.

3) Give your action a name. I named mine SFD Contract

4) From the drop down menu for the type of action your should select “Report Writer: Attach a new document”

5) Then select Next>>

On the next screen you need to click on the button with 3 dots.

6) It is here that you select the template to use.

7) Then click on Finish and you will see the action show up under the category that you saved it under.

I encourage you to take the time ti create a contract template and associated action. For further details just go to the Report Writer and click on the Help link at the top of the page. Under the Index tab the very first category is “action” and it shares steps and pictures how to do this step by step.

What steps do you still need help with???

Your Name: City, State:

E-mail: PB4

GREG PYFROM’S CONTRACT PRESENTATION NOTES

Member of the A.I.I.™ Board of Directors, Greg Pyfrom, is a California attorney who offered a winderful service at our last conference. For $150 you received an hour of his time and he reviewed your contract and report to identify areas that the inspector was leaving themselves wide open. The money from this popular service was then doanted to A.I.I.™ . At the conclusion of the conference he then shared some common areas that inspectors were blowing it. This week I will share his notes and then you can send me your questions that I can elaborate upon in upcoming issues...

1. “Legal Contract”:   

This is a legal contract that should be read thoroughly before signing.  Should you have any questions as to the inspection please make those inquiries before signing this  inspection contract.  Should you sign this inspection contract without requesting any clarification the home inspector can only assume you understood the inspection contract and agree with the terms and conditions set forth therein.

The purpose of this change is to comply with all consumer compliance and regulations.  This is a consumer service being tender in the course of a consumer/regulated endeavor.  As such there must be clearly and unambiguous set forth that rights and liabilities flow from this document.  My proposed language complies with this requirement.

“visible inspection” of the property.  “HALF PREGNANT ; ambiguity Rule

3. Page one of your contract states that : THE INSPECTOR WILL ATTEMPT TO BE FAIR BY POINTING OUT BOTH THE STRONG AND WEAK POINTS OF THE PROPERTY.

“NO”! You are not an advocate for sale”  A home inspector is to be independent.  Think of yourself as an island of independence surrounded by a lake of neutrality.  VANILLA-

4. Exclusions:  The question arises as to what to do when an item clearly not within the AII Standards of Practice arises while inspecting the home.  The solution to this dilemma is to state on the home inspection report as follows: (1) identify the condition, (2) state that the condition is outside the AII Standards of Practice, and (3) defer the client to his Realtor, Seller, or an expert with the necessary background, education and experience to clarify the issues created by this condition before the close of escrow.  If you do so you will be placing the “condition” in the hands of the buyer to seek the appropriate knowledge on this condition.  The “problem” is no longer yours.

5. Environmental: The Client acknowledges that this is a general visual property inspection and not an environmental evaluation of the property.  The inspection is not intended to detect, identify or disclose any health or environmental concerns regarding this building or property. This includes but not limited to asbestos, radon, and lead, urea-formaldehyde, mold, fungus or toxic substances in the water, air, soil or building materials.  This is not a MOLD Inspection.  It is recommended that this property be fully tested and checked out by a mold specialist before the close of escrow.  Client Initials____.  

6. INDEMNIFICATION/HOLD HARMLESS:  The Client agrees to indemnify, defend and hold harmless the inspection company from 3rd party claims relating to this Home Inspection Report.      

7. “ARBITRATION CLAUSE” :  All parties to this contract  recognize that they have a right to trial by jury. All sides and for valid reasons have agreed to voluntarily waive their right to a jury trial and  select binding arbitration.  It is conceded that a jury trial is far more expensive and time consuming.

8. “limitation of liability” / liquidated liability

9. “final walk through inspection”.

10. “inaccessible areas”.  “Not all areas of the home are accessible to the inspector.  Please read the report carefully as to those areas that are not accessible. All inaccessible areas should be discussed with your Realtor or seller before the close of escrow. 

11.  attorney’s fee clause.  Why?

12. ARE YOU PREGNANT OR NOT PREGANT- NOT ½ PREGNANT

Generalist Inspection: The Client requests a general visual inspection designed to identify material defects in the systems, structures and components of the building and performed and prepared in a manner consistent with the Inspection standards of the California Real Estate Inspection Association.  Client Initials_________ 

                                                                        --Or--

Specialist Inspection: The client understands the company recommends an inspection and inspection report performed and prepared in a manner consistent with the Inspection standards of the California Real Estate Inspection Association by a generalist inspector and the following specialists: Plumbing, Electrical, Heating/Cooling, Roofing, Foundation, Fireplace, Pool, Geo-Technical and Structural Engineers.  The fee for this inspection is a minimum of $5,000 to be determined by the size of the property and type of experts involved.   The Client requests the Specialist Inspection.   Client Initials__________

13. PHOTOS - Great

14. call out a condition” on the property there must be a referral. Your subjective determination that something is as minor as a tripping hazard is an example.  If the “call out” is important enough to mention in the inspection report it is important enough to defer. If you do not know the nature of the type of expert defer to the Realtor and/or seller. Once that “deferment” is made your liability diminishes considerably.

15. The Client agrees to indemnify, defend and hold harmless the inspection company from 3rd party claims relating to this Home Inspection Report.      

16. “CODE COMPLIANCE”, “WARRANTIES AND “INSURANCE”

17. “Service Agreement” instead of “Contract”. 

18. DEFERED FEES: Don’t do it!

19. “final walk through” inspection “total rating” system for a home.  $100,000 in latent repairs.  

If you attended the class, what do you remember him saying about some of the brief points? What questions do you have?

Your Name: City, State:

E-mail: B4

PHOTO CHALLENGE #263

Jon Gudnason shared the following photo and thought from his current assignment in New Orleans...

Many of us have heard Mr. Leavitt disrespectfully refer to manufactured housing as a "wobbly box".  Rumor has it he was down here in Louisiana a while ago trying to help folks get ready for the big blow and this is how he recommended to firm up those wobbly boxes.  Well I guess it worked.  This one did not blow away.  It only lost part of the roof.  Jon Gudnason - Placerville, CA

What do you think of this approach? Does it meet “Code”?

PLEASE SEND ALONG YOUR PHOTO CHALLENGE PICTURES TO PHOTO@THEHOMEINSPECTOR.COM

Your Name: City, State:

E-mail: PBPC

QUOTABLE QUOTE
Success is not a destination that you ever reach. Success is the quality of your journey.“ Jennifer James

HAVE A GREAT WEEK!

Copyright; 2005
Michael Leavitt & Co
1145 N. Main St.
Orem, UT 84057
801-225-8020