House inspectors can make mistakes

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August 26, 2005

House inspectors can make mistakes

http://www.clarionledger.com/apps/pbcs.dll/article?

AID=/20050826/COL07/508260302/1194/FEAT03

By Tim

Special to The Clarion-Ledger

Q: My daughter and son-in-law recently purchased a home built in the

1930s. They hired both a general inspector and a termite inspector

to discover any and all defects. But two months after moving in, my

daughter has discovered wood rot, mold and active termites.

The inspectors will refund the inspection fees but want my daughter

to sign a release form that says she and her husband promise not to

seek other legal remedies. My daughter and her husband have little

money. What should they do now? — Joan McN., Shaker Heights, Ohio.

A: The first thing they should do is forget about signing the

release forms. The second thing they need to do is open the phone

book and find attorneys who specialize in matters like this. Believe

me, this area of law practice has been expanding in the past 10

years due to poor workmanship in all aspects of general home

construction and inspections.

There is a strong possibility your daughter and son-in-law will find

a good attorney who might take this case on a contingency basis.

This means the attorney will recover his fee once all of the parties

reach a settlement. Your daughter and son-in-law may not have to put

up any money to move forward to solve this unfortunate situation.

As in any profession, there are superb, good and not-so-good termite

and home inspectors. It is possible for the best inspector to make a

mistake, but it is rare. Although wood rot, mold and termite

activity can be hidden behind walls and under finished floors, the

damage sometimes produces visible clues that a well-trained

inspector can uncover.

These inspectors that were hired quite possibly have insurance

policies that back them up in the event of an oversight or mistake.

What your daughter and son-in-law should have done before they hired

the inspectors was ask for a certificate of insurance from each

inspector. If an inspector can't prove in writing that he has

insurance, you should never hire him.

A great attorney who has prosecuted cases like this one will have a

group of experts who will be able to determine quickly the extent of

the errors and how long the defects may have been present. As for

the termites, it is possible they invaded the house after the

termite inspection, but an expert will be able to judge this by the

extent of infestation and damage. The same is true for wood rot.

Severe wood rot in the average home that causes significant

structural damage does not happen overnight.

The unfortunate aspect of this mess is the slow pace of the legal

system. If the inspectors have insurance, these companies have

professional attorneys who know how to push every emotional button

on your daughter and son-in-law. Their job is to wear your daughter

down and throw every possible blockade and barrier in the way. The

attorneys for the insurance company are salaried employees in most

cases, and they get paid the same money each week no matter how slow

the case proceeds. Never forget they are always trying to settle the

case for the least amount of money.

Be sure your daughter and son-in-law spend time selecting the

attorney they decide to hire. It is vitally important for them to

ask specific questions. Ask for written proof the attorney has

successfully prevailed in similar matters. The attorney should be

able to provide references just like any other professional. If he

can't, refuses to do so or makes excuses, then keep looking for a

different attorney.

Be sure to ask about realistic timelines. In other words, find out

how long it will take to bring this matter to closure. Often it can

take many months or quite possibly one or two years. A great

attorney knows this, but he also knows how to get guilty parties to

cry " Uncle! " as rapidly as possible. Your daughter and son-in-law

need to find that arm-twisting attorney.

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Do you need more information about this and related topics? Use the

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improvement problems. Do you want to talk to Tim ? If so, call

him during his radio show, Saturday mornings from 5-6 a.m. at (513)

749-1035.