Staunchly Opposed to SB 627
In a just and fair world this bill would protect home buyers from shady, unprofessional home inspectors and it would hold us honest inspectors to the fire. I agree that some sort of winnowing process is needed to separate the wheat from the chaff, but relying on our current legislative system in the state of Virginia is not a viable option.
For example, several years ago I was notified by a former client that I would be held responsible for water damages to a home I inspected more than 90 days prior. This client claimed that I started the washing machine in the basement and left it running after I vacated the premises. What actually happened, and was clearly pointed out in the inspection report, was that I found a slow leak at the clothes washer in the basement. The clothes washer was stopped and the slow leak stopped resulting in a small puddle on the concrete floor in front of the appliance. In this particular case the house was vacant, the home owner was out of state, the buyer’s Realtor unlocked the house for me and then left without my knowing it and the home buyer was not able to attend the inspection. My only contact with the home buyer and buyer’s agent was through email so I wrapped up the home inspection and emailed it to both within an hour. Twelve days later when the appraiser showed up from the bank he found standing water throughout the basement and a substantial amount of related damage. I was never contacted and the buyer’s agent convinced her that they should close on the house and draw up a lawsuit against me afterwards for compensation of repair costs. In court the judge ruled that the home buyer was responsible for damages since she closed on the purchase with full knowledge of the current condition of the house. However he turned towards me and said before the whole court, “now you know as well as I do that you are the one that is responsible for this and I wish that I could force you to cover the repair costs ... but in this case the law is the law.”
What happened was very unfortunate. Who is at fault? Is it the inspector, the Realtor, the home seller, the manufacturer of the clothes washing appliance? Poor decisions were made by several of the parties involved: I learned that I will never perform another home inspection without a licensed real estate agent present. I also now strongly encourage the homebuyer to be present for the entire inspection. I still inspect clothes washers but I know I am putting myself at risk in doing so. The homebuyer should never have taken the advice of the Realtor to close on the house with known damages. And the judge should have kept his opinions out of the courtroom. I lost faith in our legal system throughout this 9 month process. The hearing was rescheduled 3 times causing me to miss work those days and my lawyer fees and insurance fees could not be recouped because Virginia does not allow counter-suit.
A year later I was subpoenaed by a home seller who claimed I falsified my inspection report to thwart the sale of her home. She got statements from a plumber, electrician, class A contractor and HVAC specialist claiming that I made incorrect findings. Actually what I did is carefully, and in a very detailed fashion, inform the potential home buyer about the hazards associated with various major systems and components in the home. After more than 3 courtroom appearances and more than $6000 in legal fees, the judge decided to throw the case out because there was never a contract between myself and the home seller in the first place.
This illustrates how we home inspectors are already at a disadvantage and to take away the only thing that could legally provide us any reprieve is a death sentence. Our legal system is not just and a limitation of liability is necessary to keep these inevitable disputes in small claims court. These were very stressful events for me that caused me to question my faith and motives and I was ready to leave the home inspection industry at any point. But if I now could lose my business because someone felt I was to blame for something I am not responsible for, then as others have already said in these threads I too will have to significantly raise my fees, say “no” to as many as 50% of inspection requests and I’ll likely loose all joy in providing such a necessary service to those who really need us.
Strike down this bill please!
Stephen Comer, ASHI Certified Inspector, C’ville Home Inspection