Marc Posted May 5, 2014 Report Posted May 5, 2014 I think it's close to one world.....most folks believe what Marc thinks; the vast majority believe it. I don't know if I'm in touch, but I'm not oblivious. I have a generally depressed outlook on the state of the HI biz. It's pretty stupid on most levels. Kurt, I think you are right. Jerry, there is case law, however most issues never get to court or become case law. From my experience only one of maybe 200 ever get past discovery. Jim, nice photos and explaination! Louisiana law is alone among the 50 states that remains heavily influenced by civil law (1st cousins with napoleonic law) as opposed to common law. Case law isn't the rule here, isn't practiced widely, so judges can ignore administrative law like SOPs. Attorneys hate Louisiana law. Jerry, I've never been sued. The number of 'incidents' I can count on the fingers of one hand. I'm overly cautious perhaps and zealous in representing my buyers. I also hate courtrooms. Marc
Marc Posted May 5, 2014 Report Posted May 5, 2014 It means if you do it on one part and not all of them then you accept liability for everything you didn't check. I do it sometimes but always consider and weigh whether it's worth the liability or not. I want to serve my client but don't want to end up inside a courtroom. I'm amazed that you actually believe that. I figured that most thinking home inspectors rejected that erroneous logic over a decade ago. The standards are a starting point: the minimum legal standard of performance, not some lofty goal that you aspire to reach. Exceeding them is good, not bad. Would you fault a builder for exceeding the code in one part of a home but not in another? If an HI SOP is just minimum, why does it have limitations and exclusions? Building codes are minimums. They have no limitations. People *do not* sue you for exceeding the standards. They sue you when you miss problems. Agreed. Marc
Jerry Simon Posted May 5, 2014 Report Posted May 5, 2014 "Jerry, I've never been sued. The number of 'incidents' I can count on the fingers of one hand. I'm overly cautious perhaps and zealous in representing my buyers." If you re-read my post, hopefully you'll see I didn't mean, at all, to imply you yourself were ever sued. . .
Marc Posted May 5, 2014 Report Posted May 5, 2014 "Jerry, I've never been sued. The number of 'incidents' I can count on the fingers of one hand. I'm overly cautious perhaps and zealous in representing my buyers." If you re-read my post, hopefully you'll see I didn't mean, at all, to imply you yourself were ever sued. . . Sorry. Semantics. Marc
Jerry Simon Posted May 5, 2014 Report Posted May 5, 2014 "Jerry, I've never been sued. The number of 'incidents' I can count on the fingers of one hand. I'm overly cautious perhaps and zealous in representing my buyers." If you re-read my post, hopefully you'll see I didn't mean, at all, to imply you yourself were ever sued. . . Sorry. Semantics. Marc NP. I do find it hard to believe though, that a stinkin' rotten Cajun-rube like yourself ain't never been sued at least a few dozen times.
Marc Posted May 5, 2014 Report Posted May 5, 2014 "Jerry, I've never been sued. The number of 'incidents' I can count on the fingers of one hand. I'm overly cautious perhaps and zealous in representing my buyers." If you re-read my post, hopefully you'll see I didn't mean, at all, to imply you yourself were ever sued. . . Sorry. Semantics. Marc NP. I do find it hard to believe though, that a stinkin' rotten Cajun-rube like yourself ain't never been sued at least a few dozen times. LOL. Marc
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