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TOPIC: I have an ethical question.

Re: I have an ethical question. 14 years 10 months ago #26655

  • Louie Flores
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Well to not start a debate here I have a client I work for them period,

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Re: I have an ethical question. 14 years 10 months ago #26656

Me too my friend!  When I give the client his report, it is his report!  He can do with it whatever he wants.  What happens to it after that is above and beyond me.  But an addendum is an addendum and if he wants repairs done he passes the report around to everyone!  Not my purview though.

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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
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Re: I have an ethical question. 14 years 10 months ago #26660

  • Ian Niquette
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Me either Louie, jsut was wondering about some of the responses. You need to several variables into consideration, every situation can be different.

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Square One Home Inspection
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Re: I have an ethical question. 14 years 10 months ago #26661

"What if it was not a structural concern, but something like a non stop plumbing leak in a vacant home? Or a gas leak at the water heater? Then what? Tell no one? Or do you guys think you need to make someone aware of these problems?"

To phraphase your question...  What if there is a defect/failure at the property that will cause immediate damage to the property or death to occupants?

I have found an actively leaking toilet in a vacant home.  Turned off the water to the toilet and had the buyers agent inform the listing agent of the problem.

I found a fuel oil spill apporixmately 10 feet in diameter covered with dry straw in the crawlspace.  In the middle of the fuel and straw mixture was a natural gas fired furnace that was in operation.  I called the fire department.  They evacuated the tenants and it became a haz mat cleanup site.  I called the buyers agent, sent the buyers agent email with pictures of the problem and I called the fire department. 

If I find a leaking utility line, I make an attempt to shut it off.  I will ask the buyers agent to contact the seller agents to notify the seller of the issue.  If I determine the defect to be an immediate safety hazard, I will call 911. 

I have been an EMT, fire fighter, and hazardous materials responder.  I have a relatively good understanding of how the 911 will respond.  I would much rather have an angry but alive seller than a dead seller.

In the original case of a poorly maintained or rundown home, I would not contact any real estate offices.  That is their job to find the approiate home for their client.  Some clients what "fixer uppers".

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Bruce Ramsey, ACI

Re: I have an ethical question. 14 years 10 months ago #26751

If I were the owner of that home and found you released information about my property to someone other than your client, and it affected my ability to sell the home, I would sue your business and you personally.  I can guarantee you that I would own your business, your home, your personal belongings and anything I could get my hands on and you would be paying my legal fees on top of it all.  The one word the judge would hear would be "TORT", and you would lose everything.

The inspection is over, the report delivered.  It ends there.

Now as others have said, if there are immediate, life threatening concerns, they should be reported to the inhabitant (if occupied), the client's agent and if needed, to the appropriate agency (i.e. police, fire, gas or electric company).


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Re: I have an ethical question. 14 years 10 months ago #26757

Wow, Steve!  Apparently there is no disclosure in WA!

In VA, if you get a radon test you are required to disclose it to any buyers.  The same with termite, home inspection, etc.

If, when you sell the house, you have no "knowledge" of things regarding the house (which is a crock) you are NOT required to disclose.  But any type of inspection opens you up to the public.  The disclosure laws here make things pretty transparent.

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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
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