home inspection disclaimers

Returning Your Faith in the Legal System

Returning Home Inspector's Faith in Legal SystemMany home inspectors have little faith in the legal system, and as an attorney in this professional space, I can see why. They believe (nearly 100% of the time rightfully so) that they are being wrongfully sued, poorly defended and thrown under the bus to the tune of an expensive deductible and a professional black mark.

It doesn’t have to be that way. Attorneys actually appreciate being told that their recently-sent demand letter is hogwash (that’s a legal term) and that the claim has no legal standing for a litany of reasons. Instead of getting a check back in the mail, when a claimant’s attorney hears from me, he or she knows that pursuing the claim wouldn’t be beneficial to their client, and in turn their OWN professional reputation.

How can I return your faith in the legal system? Watch this week’s video blog for more details on an approach that makes the legal system work like it should.
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Stop Refunding Home Inspection Fees

Keep Your Hands in Your PocketsRefunding fees to every unhappy client is a revenue-crippling business model.

You are a home inspector, not a psychic. You can’t predict the future. So, when a monsoon hits your area six months after an inspection and a client resurfaces to complain about water intrusion through the siding, you need to ask yourself this question.

“Is my client unhappy with me and my inspection or is he dissatisfied with the result? And if the result has nothing to do with the quality of my inspection, why am I refunding his fees?”

I examine this issue in more detail in this week’s ClaimsAcademy video blog.
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Why You MUST Follow Your SOP

SOP is Your Best FriendFollow your SOP. It’s a theme I ingrain in the minds of home inspectors who attend my Law and Disorder Seminar. It’s one of the 6 key strategies to diminish your chances of being successfully sued by an enraged, irrational client.

One thing that can NOT go unnoticed in the thousands of SOPs I’ve read across various states and professional organizations is this: “The home inspector is not required to:” followed by a litany of issues for which the home inspector is NOT responsible during a limited, non-invasive home inspection.

In this week’s video blog, I examine the SOP’s key elements and how to utilize your own SOP as a safeguard against clients who want to come after you for a result you did not cause and/or an issue you weren’t required to inspect.

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Spreading Home Inspector Education Nationwide

Joe Ferry Educating Home Inspectors NationwideI have traveled across this country, well the lower 48 anyway, educating home inspectors on ways they can minimize risk, maximize business reputation efforts and protect themselves from meritless claims.

I have met over 5,000 home inspectors in the last five years while presenting the Law and Disorder Seminar, and I enjoy providing these competent professionals with education they need to safeguard themselves in this litigious culture.

I also find learning about each inspector’s unique value proposition, business similarities and structural differences is a valuable exercise in better understanding the industry.

In this week’s video blog, I talk about my travels, my thoughts on the interactions I have with industry professionals and how you can see me at your chapter or association event in 2015.
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Paying Out Your Dollars in All The WRONG Places

Tip #28 - Paying Out Dollars in Wrong PlacesThe No. 1 compliant I receive from home inspectors is that some insurance companies cave like tents and pay claimants even when the inspector did nothing wrong!

An insurance company’s only interest is in settling the claim on its own terms, not ones that are necessarily favorable to the home inspector. Accordingly, many home inspectors don’t adequately protect themselves. They carry high deductibles to lower premiums.

Yet, as I always say, you do NOT have to conduct a negligent home inspection to be accused of doing so.

I examine why and detail the near horror story of one home inspector in this week’s ClaimsAcademy video blog.
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Follow-Up Home Inspectors: It’s a Different House!

Tip 27 - Follow-up Inspectors: It's a Different House!You walk into a house that had already been inspected. There’s glaring issues in the basement – a massive crack in the foundation plus some apparent moisture stains. You ask yourself, “How did the initial home inspector miss these easy-to-recognize issues?”

It’s a good question, one follow-up home inspectors don’t ask enough. They are too busy looking like the hero to their client while throwing a professional colleague under the bus.

Instead, follow-up home inspectors need to recognize they are inspecting an entirely different house. What questions should they ask themselves during the re-inspection? How should they proceed with detailing the defects?

I examine these issues in this week’s ClaimsAcademy video blog.
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Understand Your True Liability and Risk

Tip 25 - Understand Your True Liability and RiskMany home inspectors are SHOCKED to hear that their corporate entities (sub-chapter S or limited liability corporations) do not insulate them from personal liability for doing a negligent home inspection.

These home inspectors say that their attorneys told them about this protection when they formed their corporations. It’s simply not true.

When can a disgruntled client come after the corporation for restitution? When IS the corporation sheltered against charges? I go through the initial myth and more in this week’s video blog.
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Disclaimers Are Your Business’ Best Protection

I encourage home inspectors to utilize the proper use of disclaimers – and go into it in some considerablTip 24 - Disclaimers Are Home Inspectors Best Friende detail – during my Law and Disorder Seminar.

A knowledgeable home inspector knows that there are many issues concerning a home-buying decision that are NOT going to be uncovered during a home inspection. Unfortunately, your clients don’t understand this fact.

That very real disconnect is the reason why home inspectors should be incorporating disclaimers into their practice. I go through a few examples of proper disclaimer usage during this week’s video blog.
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Home Inspector Selfie! Take More Photos During Home Inspection

Tip 23 - Home Inspector SelfieHome inspectors – I’m sure you are familiar with the “selfie” mantra of today’s youth. In essence, they love taking photos. You should have the same passion during a home inspection. Take photos of each room in the house, appliances, HVAC units and more. Take far more photos than required or that you will even put into the inspection report.

Why is taking so many photographs important from a legal perspective? I walk you through the protective process and highlight a specific home inspector’s plight in this week’s video blog.
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