Simple Things Real Estate Agents Should Consider Before Recommending a Home Inspector

25 years ago, a home inspection was a rare thing, and Home Inspector Lafayette were few and far between. Now, nearly every buyer knows that they should get an inspection, and there is a seemingly endless supply of inspectors, all claiming some ‘certification’ or credentials that sound impressive. But how do you know which is the right inspector for you?

Well, here are a few simple thoughts from someone inside the business (some of which, many inspectors will be upset with me for revealing, and will hope you won’t read them). Interview them personally. Don’t just take someone’s advice that “this guy is good.” Talk to them.

Does Your Inspector Use An Inspection Agreement?

Today, most inspectors have their customers (your clients) sign inspection agreements prior to the inspection. These agreements detail the ground rules, the inspector’s scope of work, and items outside that scope. I myself have reviewed hundreds of these agreements, and most of them are fair. However, some have clauses that attempt to circumvent statutory and current case law. Consider getting your clients a copy of the agreement well in advance of the inspection so that they have a chance to read, consider, and digest the terms before signing. If you or your client have questions about the terms, don’t sign until you get the answers you need.

It’s common for some inspectors to try and limit their monetary risk by stating that their total liability for negligence, errors, or omissions is limited to the cost of the inspection report. This maneuver is expressly prohibited by statute, but inspectors sometimes cleverly navigate around that fact by limiting their liability to two or three times the cost of the inspection. See California Business & Professions Code § 7196. Although there are as yet no appellate court decisions testing these type of clauses which tiptoe around the statutory limitation, it is imperative that agents know what the inspection agreements say so they can allow their clients plenty of time to digest this information and make a well-informed decision.

Another common tactic inspectors use to reduce their liability is a reduction in the statute of limitations to bring an action against an inspector. California Business & Professions Code § 7197 states that an action may not be brought against a home inspector four years after the date of the inspection; however, some inspectors’ agreements attempt to reduce this time period to one or two years. This tactic was addressed in the California appellate court case of Moreno v. Sanchez (2000) 140 Cal.App.4th 1315, which held that notwithstanding a contractual device to reduce the time period allowed in 7197, the delayed-discovery rule prevents an inspector from contractually reducing the four-year statute of limitations if the defect, error, or omission by the inspector was found or identified and the claim brought within four years of the date of the inspection.

Don’t be fooled by fancy reports

Your goal is to have a comprehensive document detailing the inspection of your home, not a canned template, bulk report, or information that may not even apply to your home. You can find many sources of general information (e.g. Ortho’s Home Encyclopedia) at local home improvement stores. Choose your home inspector based on ability. Substance should be measured in quality of content, not by the weight of the inspection report.

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