TOPIC: The right choice of words in a report.

I realize I'm a new-bee around here, but the more I read 'default' narratives, the more concerned I get for my own legal protection. 

So many of them begin with the word's "Appears, Presumed & assumed" and to my way of thinking, this is legally dangerous because, as professional Home Inspectors we should never make assumptions, or presume anything; the client can do that for themselves!

In addition, 'appearances deceive' and will almost certainly catch you out sooner or later.  You shouldn't have to put yourself in this position, so instead of saying (for instance) "Appears to be functional", why not say "functional when inspected".  That way, if it isn't working when the client moves into their new home some weeks down the line, they're not disappointed in you if the water heater has developed a leak, or the element has burned out in the meantime and the good news is, it puts the law on your side.

Personally, I never use these words in a written report and never will, because if I cannot prove the functionability of something, I simply say so.

Comments please.

The narratives in the report are easily changeable because of exactly this, everyone has their own format. Eventually each inspector ends up replacing about 80% of the narratives with their own. This is true of any program.

The narratives currently in the templates with the program are combination of narratives submitted by inspectors from all across the country. The proper language to use in a report has been long debated and I myself have attended quite a few courses on report writing and heard completely different terminology used. But in the end, we went with what the attorneys suggest. By saying something 'Appears to be functional' you are covering the fact that you can't see everything. For example in some states guys test the Washer, Dryer , Microwave, in all states guys test the HVAC system. Any of these could work fine for the 5 minutes you test them. Or even the HVAC can work fine for the hour you test it. But what if it IS broken at the time of inspection but doesn't break until it overheats at one hour and 5 minutes? It wasn't functional, but it did appear that way when you tested it according to your association or states Standards of Practice. With the Washer & Dryer, you're not going to actually do a load of laundry, but some guys will test that the water fills a bit and make sure the dryer feels warm. This applies to a lot of different things.

You'll definitely have different guys who will agree and disagree with what I said. But that's what so great about the board here, that everyone can actually 'discuss' things without getting hot headed and instead educate each other.

Ray - this is good thinking.  You have to come to a decision about what verbiage makes you feel comfortable.  In my opinion, about 30% of this business is the report, quality thereof and your ability to explain clearly.  It covers your client's interests, but also your own!  Poor report writing can get us into trouble.

In addition to saying whether something is operating, I give it a rank - Good, Fairly Good, Fair, or Poor.  My report explains what all those mean.  Fair, for example, means that it is working, but based on other appliances, or roofs, or HVAC or whatever in houses the same age it is of lesser desirable quality than what I normally see and may need to be replaced soon.  Fair means uncared for.  Or dirty.  Or older.  But functioning "today."  And I test everything I can, including windows.

In front of each of those grades I use the word - "apparently."  I use that because all I can do is test.  It could break between the inspection and the move in!  Even if it appears to be in "good" condition.  Also, on my report, I say that what can be tested is, but I do not bake cookies, dry wet towels or move the fridge, etc...  I state that because I don't test "completely."  It also states that I do not test timers, freezer thermostats, etc - it is a basic test.

What Dom says is correct - there are differences!

Ray - Everybody uses verbiage in their reports that makes them comfortable. Personally I use a Legend in the beginning of my report explaining what my rating system means. For example Satisfactory is described as follows: Satisfactory: System or component was functioning normally, or as originally intended at the time of the inspection – with no adverse conditions observed. May show signs of normal wear for its age.  With the phrase "no adverse conditions observed" means that I didn't see any problem at the time of the inspection but it doesn't mean there might be something hidden which I couldn't see. I have used this for over 30 years as an insurance inspector before I retired and I haven't ever had it come back to bite me.
Jay and Dom are correct that there are many differences in the verbiage of the reports to suit each inspector.

Robert & Jay,

I think you're all missing the point completely. 

Of course we all use different way of expressing ourselves, but Whether we like it or not, there is a legal implication in everything we say and how we say it in our report writing. 

Therefore, I don't want to use verbiage that could be misconstrued or twisted by some 'smart ass' Lawyer in court and that's why I view certain words, such as 'appears, Presume(d) & assume(d)' as words to absolutely avoid.  That's simply my opinion.

I hope I explain this right.

Lawyers use the word "opinion" so they can leave themselves some flexibility.

On = On
Off = Off

Appears on : leaves you some flexibility in what your saying.  Your assuming less liability

Dont shoot me if I said that poorly.  LOL