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TOPIC: I have an ethical question.

I have an ethical question. 14 years 10 months ago #26257

I inspected a log home today.  Long story short, there are SERIOUS AND CATASTROPHIC structural failures in the home.  Floor joists sagged 2-3", joists cracked almost bottom to top, joists cracked horizontally 4-5' long, joists twisted, a improperly supported column on the first floor is breaking through the subfloor, etc.  It was obvious the home was soaked with rain before the roof was installed, OSB was all discolored, joists were stained.  We have a pretty heavy snow load for this time of the year and it will only get worse.

I'm fairly sure my client will back out as he could see and understand the extent of the problems, although if he can get the price concession to justify, who knows what he'll do for sure.

My question is whether I can, or should convey my concerns about the stability of the structure to anyone other than my client?  I doubt the listing agent is aware of the problems as he is under contract with the bank, not the owner, and is 40 miles away and not working this town so may only be just a sign in the yard.

I work extensively with a local Keller Williams office and almost feel obligated to share my concerns with them so they don't show the home.   

What would you do? ???

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Joe Van Orsdol
Right Home Inspections
"Home Inspections Done Right!"
www.righthomeinspections.com

Re: I have an ethical question. 14 years 10 months ago #26258

Different states have different laws. In some states you would not be legally allowed to talk about your findings with anyone. You could ask your client for permission, then send your report to the listing agent if you're worried. They definitely won't not show the home as someone might want to buy it and flatten it. If the home is really dangerous you could call the city and have them tag it.

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Dominic Maricic
Home Inspector Pro Home Inspection Software - CEO
Last Edit: by Dominic Maricic.

Re: I have an ethical question. 14 years 10 months ago #26259

Since Minnesota does not regulate inspectors, am I governed under any laws? 

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Joe Van Orsdol
Right Home Inspections
"Home Inspections Done Right!"
www.righthomeinspections.com

Re: I have an ethical question. 14 years 10 months ago #26264

Since Minnesota does not regulate inspectors, am I governed under any laws? 


By continuing down this path of disclosure to others outside of your client you run the risk of increased legal liability regardless of the state you live in.

Proceed with caution!

You should be asking these questions of your insurance provider's legal department and or an attorney familiar with real estate law in your area. 

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URL : www.progressiveinspection.com
Title: Irvine Home Inspector
Description: Providing home inspections in California, including: Dana Point, Laguna Niguel, Mission Viejo, San Clemente, Irvine, Aliso Viejo, Temecula, Corona, Laguna Niguel, Rancho Santa Margarita, Laguna Woods
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Re: I have an ethical question. 14 years 10 months ago #26266

What does your agreement say Joe?  What does your client want you to do/not do? 

Your client is king and your agreement states everything you do with respect to him.

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Jay Markanich Real Estate Inspections, LLC
Based in Bristow, serving all of Northern Virginia
www.jaymarinspect.com
Northern Virginia Home Inspector
Festina Lente - Make Haste Slowly

Re: I have an ethical question. 14 years 10 months ago #26269

I think you would be overstepping your boundaries by telling anyone besides your client the conditions of the propety. 

I have an agent who normally sells distressed properties to investors.  This is just the kind of property he normally is looking for.  Bulldozers are the best repair tool for many of the homes he has me inspect for his clients.  The clients dutifully bob their heads and take notes about the repair list.  I have also inspected houses that have been renovated by his clients.  Trash dumps are renovated into liveable abodes. 

The goal of a home inspector is to be an independent third party to describe the condition of the home at the time and date of the inspection.  By "warning" a select group of people beyond your client about potential issues, you are no longer independent.  You are giving away your service to the select group to cury favor. 

I could forsee other real estate firms trying to bring legal action against you for excluding them by not telling them about properties.  Furthermore, what criteria are you using to flag the properties you tattle about and those you do not?  I think you would be putting yourself open to much critism by "tattleing" about this damaged house.

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Bruce Ramsey, ACI
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