TOPIC: How do you call out defects in your reports?

Hello all,
Does anyone specifically define things in your inspection reports as defects?  Why or why not? 
Do you use wording like Safety Hazards, Major Concerns, Not working, Poor condition...  I currently don't specifically call a defect a defect.  I leave that decision up to the realtor.  I had a realtor ask me why I don't have the defects listed as defects.  I told him if I did that it would take away the realtor's discretion.  He didn't think that would be an issue.  Do you think there is more of a liability issue to say this is a defect?
I'm looking for ideas as I make my HIP report template.
Thank you for your help!

Most home inspection standards and state laws (where applicable) require you list items which are "significantly deficient" (whatever that means).


I would report:

If the item is broken.
If the item does not operate as intended by the manufacturer.
If the item presents a safety concern.

Some state standards of practice require that you specifically list items that you consider deficiencies a certain way. Such as;

3. Submit a written report to the client that shall at a minimum:
(i) Describe those systems and components required to be described in paragraphs (7) through (16) of this rule;
(ii) State which systems and components designated for inspection in this rule have been inspected, and state any systems or components designated for inspection that were not inspected, and the reason for not inspecting;
(iii) State any systems or components so inspected that do not function as intended, allowing for normal wear and tear, or adversely affect the habitability of the dwelling;
(iv) State whether the condition reported requires repair or subsequent observation, or warrants further investigation by a specialist; and
(v) State the name, license number, and signature of the person conducting the inspection.

Thank you Andy,

Good stuff.  That is how my current report is set up.  Deferred cost items, Major concerns, Not working, & Safety Hazards. 

After reading your post I will probably leave it like that.  However if I would have a section combining all of the items I considered defects in your opinion would I be asking for trouble or would it just be above and beyond the sop?

Thanks again

Mike,

I agree with David above.

Also, the section you are referring to would be a "Summary Page" and most inspectors include them. I DO NOT, and haven't in over five years, include a summary page, but that's another topic for another day.

As for leaving ANYTHING up to the Realtor's discretion... that is a MAJOR mistake, and will most likely land you in the courtroom and/or out of business in short order. Do not ever leave anything up to anyone else. You and your report is the authority that your client hired. If you are not comfortable taking that responsibility, you should not be inspecting. Don't mean to sound harsh, but sometimes the truth needs to be told.

JMHO,
Jeff

Hi Jeffery,

I wasn't saying I don't report on safety issues, things not working, major concerns...  I was saying I don't label the above mentioned items as "Defects" as defined in the real estate contract.  If the realtor calls it a defect as defined by his/her contract (that's the part I leave up to them).  I figure I don't have anything to do with the real estate contract.

That was part of my question- is it a good idea to list issues as defects if they meet the criteria?  Why or why not?  I understand as Andy said you can't go wrong by following the sop. 

Thank you for your time.
Have a great weekend all!

Hey Mike,

I guess I am not understanding your definition of "Defect". Basically, if it's broke, even a wee little bit, it's defective. It it was installed improperly, the installation if defective. Etc...etc...

By you failing to make a determination of a defective situation, and by not calling it out as defective, you are leaving yourself open for litigation. If you are not calling it out as defective, what are you calling it out as??

Remember, the Realtor will throw your arse under the bus at the first sign of trouble. By allowing them to control the verbage of your report, you're asking them to back the bus up, and run you over again!