Brandon Whitmore Posted April 2, 2008 Report Share Posted April 2, 2008 I just received a pretty long e- mail from a seller of a property I inspected a ways back. The deal fell through because of my report, and they are ticked off. (very long report). I am in the process of sending a reply, but am hoping some of you more experienced inspectors wouldn't mind reading their e- mail and my reply to determine whether you think I should or should not send a reply, whether there are things you would change, etc. The seller's sent of a copy of this e- mail to both Realtor's and it looks like they may be trying to set me up for a lawsuit. If not, they sure took some time writing a very clear e- mail requesting changes be made to the report (not a chance). If any of you are interested-- let me know so I can e- mail you... just don't keep the copy on file please. PS- to any of you that read this-- does it sound like they are looking into a lawsuit? This is probably one of the top 10 worst messages I have received from the selling side of a transaction. Link to comment Share on other sites More sharing options...
Jim Katen Posted April 3, 2008 Report Share Posted April 3, 2008 Originally posted by Brandon Whitmore I just received a pretty long e- mail from a seller of a property I inspected last week. The deal fell through because of my report, and they are ticked off. (very long report). I am in the process of sending a reply, but am hoping some of you more experienced inspectors wouldn't mind reading their e- mail and my reply to determine whether you think I should or should not send a reply, whether there are things you would change, etc. The seller's sent of a copy of this e- mail to both Realtor's and it looks like they may be trying to set me up for a lawsuit. If not, they sure took some time writing a very clear e- mail requesting changes be made to the report (not a chance). If any of you are interested-- let me know so I can e- mail you... just don't keep the copy on file please. PS- to any of you that read this-- does it sound like they are looking into a lawsuit? This is probably one of the top 10 worst messages I have received from the selling side of a transaction. Oh, do send it, please. jim@benchmarkinspections.com BTW, I've received more complaints from sellers in the past few months than I've had in the previous 15 years. It's the market. Don't take it personally. - Jim Katen, Oregon Link to comment Share on other sites More sharing options...
John Dirks Jr Posted April 3, 2008 Report Share Posted April 3, 2008 I'm game and I'll keep it discreet. arundelhomeinspection@comcast.net Before I even read it I'll venture a guess and say this. Unless you believe you are drastically wrong, hold your ground. BTW, I wouldn't classify myself as "more experienced" Link to comment Share on other sites More sharing options...
Bain Posted April 3, 2008 Report Share Posted April 3, 2008 Brandon, I got sued by a seller in February. I wouldn't respond at all, because anything you put in your e-mail can potentially be used against you. You have no "duty of care" toward the seller of a house you check out, and there's also no contractual privity. Send me the e-mail if you'd like, and I'll see if my recent experience can be of any help. bainpropinsp@juno.com John Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted April 3, 2008 Author Report Share Posted April 3, 2008 Message sent to both-- thanks for taking the time. I am actually more concerned with this e- mail because they did not mention suing me in the message... it is just so well worded that I am concerned. I get threatened with lawsuits every so often from listing agent's mostly and never get too concerned.... this one just feels different. Link to comment Share on other sites More sharing options...
Jerry Simon Posted April 3, 2008 Report Share Posted April 3, 2008 Originally posted by Bain Brandon, I got sued by a seller in February. John Can you tell us about it? Just curious... Link to comment Share on other sites More sharing options...
hausdok Posted April 3, 2008 Report Share Posted April 3, 2008 It's a wonderful day in the neighborhood; a beautiful day in the neighborhood. Would you be mine; could you be mine? Would you be my neighbor? Hello Mr. Seller, Can you say, "Bite me?" [] ----------------------------------------------- You don't want to send it to me, Brandon. I tend to answer things, shall we say, just a tad undiplomatically. I do have an excellent lawyer in Seattle I can refer you to. For $345 he made a very big developer/builder who was threatening to sue me and demanding that I never inspect any more new homes in any of his developments shut up and quietly slink away into the forest; never to be heard from again, I think. ONE TEAM - ONE FIGHT!!! Mike Link to comment Share on other sites More sharing options...
Bain Posted April 3, 2008 Report Share Posted April 3, 2008 Actually I can't, Jerry, for the same reason I told Brandon to ignore the seller's e-mail. You know, it seems like we're just a bunch of schmucks trading posts on our groovy little forum, but you'd be amazed by how many people anonymously check in to see what we have to say. Link to comment Share on other sites More sharing options...
John Dirks Jr Posted April 3, 2008 Report Share Posted April 3, 2008 If you have not sent your reply yet, my suggestion at this point would be, dont. I read their part before you chopped it up and I dont see where they are specifically asking you for a response. Consider that they are just venting and let it go. If anything make a response very short. Something like: "It's not my goal to make people unhappy with the results of my service but that end is not in my control. I stand by my report and believe I represented my clients interests in a professional manner". Put it this way. You yourself are already doubting whether you should send the reply. That's a signal that says "don't do it". Link to comment Share on other sites More sharing options...
Chad Fabry Posted April 3, 2008 Report Share Posted April 3, 2008 I'd like a copy please. I must warn you though that I usually just ignore the letters and emails. inspector@structuresmart.com Link to comment Share on other sites More sharing options...
kurt Posted April 3, 2008 Report Share Posted April 3, 2008 Me too. kurtmitenbuler@yahoo.com Won't be the last time..... Link to comment Share on other sites More sharing options...
sepefrio Posted April 3, 2008 Report Share Posted April 3, 2008 Myself, I don't try and figure out stuff like that. If you have that bad feeling, forward it to your lawyer and let him/her decide. Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted April 3, 2008 Author Report Share Posted April 3, 2008 I got sued by a seller in February. I wouldn't respond at all, because anything you put in your e-mail can potentially be used against you I have not sent out the e- mail yet-- my finger is floating over that send button... I really want to, but it is not as good as it was. I had a couple friends read it, (the smart ones) and they talked me into taking a few things out.. too bad it was the stuff that gave a smile to my face as I was writing the reply. I sent you a copy of the e- mail, as well as everyone else that wanted to read a copy. Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted April 3, 2008 Author Report Share Posted April 3, 2008 Can you say, "Bite me?" I like that, and my initial reply said that while addressing their concerns. During editing of my reply-- that stuff disappeared. The reason I kind of want to reply is the fact that I spent a couple hours researching, documenting, etc. and don't want it to go to waste.... but............ If you have not sent your reply yet, my suggestion at this point would be, dont. Another reason I want to send this out, is that their e- mail was sent to both Realtor's, etc. -- a shorter reply may be a good idea though. Link to comment Share on other sites More sharing options...
Jim Katen Posted April 3, 2008 Report Share Posted April 3, 2008 Originally posted by AHI If you have not sent your reply yet, my suggestion at this point would be, dont. I read their part before you chopped it up and I dont see where they are specifically asking you for a response. Consider that they are just venting and let it go. If anything make a response very short. Something like: "It's not my goal to make people unhappy with the results of my service but that end is not in my control. I stand by my report and believe I represented my clients interests in a professional manner" . . . I think that would be a very good response to their letter. They obviously put a lot of effort into the letter and common courtesy requires a polite response. If you ignore them, they'll just get more & more worked up. If you respond to each allegation, then you've fallen into the trap of an unwinnable argument. Nothing that you can say is going to change their mind. They're not going to sue you over this stuff. They have no case and any lawyer they talk to will tell them so. - Jim Katen, Oregon Link to comment Share on other sites More sharing options...
Bain Posted April 3, 2008 Report Share Posted April 3, 2008 Jim's right, mostly. Propriety dictates a very brief, polite response. The detailed e-mail you sent me, in which you admit to possibly misidentifying materials, would be a major mistake. Moreover, it would likely incite further correspondence which potentially could be used against you. "They have no case and any lawyer they talk to will tell them so." The first part is true. The second part is maybe not so true. An irresponsible attorney could generate a few thousand in fees from the sellers whether there's any legitimacy to their claims or not. I have had, sadly, a recent and regrettable experience with this one. Link to comment Share on other sites More sharing options...
kurt Posted April 3, 2008 Report Share Posted April 3, 2008 I read it. It's the basic seller point by point "you insulted my house so now I'm going to categorically prove you wrong" response. Link to comment Share on other sites More sharing options...
Jerry Simon Posted April 3, 2008 Report Share Posted April 3, 2008 I wouldn't send a reply. I've got a couple letters like that over the years, and like you, I festered for a few days (okay, maybe a week or two once). Such a response from the seller is usually the end of the matter...they just want to vent, and in this market, who can blame them. If they wanted more, you'd hear from their attorney. That being said, if you do, a short, polite note would suffice, for all the reasons already said. By the by, their assumption as to why the buyer walked is just that; an assumption. Heck, the other day, my client looked out the kitchen window and realized, for the first time, he was buying a house that backed up to a cemetery; he freaked. I'm sure he'll be using my report to back out of the deal. Link to comment Share on other sites More sharing options...
Chad Fabry Posted April 3, 2008 Report Share Posted April 3, 2008 I wouldn't respond either. Link to comment Share on other sites More sharing options...
Scottpat Posted April 3, 2008 Report Share Posted April 3, 2008 I had a seller(crappy home builder) file a complaint with my state license board. He was upset because I said that the 1/4" plywood cover on the attic opening in the garage was wrong and that I said that the rolled roofing material he used on the flat roof was wrong. He was also upset that I said something about untempered glass windows on both sides of a corner tub. Those are the things he noted in his complaint. I had many more items. The buyer walked. So the seller hired his own "home inspector" to inspect the home. His inspector passed the home with flyng colors. The inspections all took place back in September 2007. As of last week the house is still for sale. The seller filed the complaint via the internet on January 5, 2008. I have been messing with it since then. About three weeks ago I fired off my final letter to the builder responses. What has been happening is that I would respond and then the builder would respond to my response and on and on and on. I finally asked for the license board to end the debate. I received a letter yesterday saying the State could find no error in my inspection or reporting of the inspection. Link to comment Share on other sites More sharing options...
RickSab Posted April 3, 2008 Report Share Posted April 3, 2008 I would like to see the email. Thanks rickf@sabatinoconsulting.com Link to comment Share on other sites More sharing options...
Richard Stanley Posted April 3, 2008 Report Share Posted April 3, 2008 I would not respond. Your duty is to your client. Actually, you should not have any communication regarding the report with anyone except your client - without their permission. Throw it in the trash. Link to comment Share on other sites More sharing options...
Brandon Chew Posted April 3, 2008 Report Share Posted April 3, 2008 Originally posted by Jim Katen Originally posted by AHI If you have not sent your reply yet, my suggestion at this point would be, dont. I read their part before you chopped it up and I dont see where they are specifically asking you for a response. Consider that they are just venting and let it go. If anything make a response very short. Something like: "It's not my goal to make people unhappy with the results of my service but that end is not in my control. I stand by my report and believe I represented my clients interests in a professional manner" . . . I think that would be a very good response to their letter. They obviously put a lot of effort into the letter and common courtesy requires a polite response. If you ignore them, they'll just get more & more worked up. If you respond to each allegation, then you've fallen into the trap of an unwinnable argument. Nothing that you can say is going to change their mind. They're not going to sue you over this stuff. They have no case and any lawyer they talk to will tell them so. - Jim Katen, Oregon Count me in with Jim on this one. I would respond politely but say nothing about the substance of the report. Link to comment Share on other sites More sharing options...
Brandon Whitmore Posted April 4, 2008 Author Report Share Posted April 4, 2008 Yesterday, I was sure I was going to reply to all of their concerns individually. I took y'alls advice and chose not to address each individual concern. I sent a very short, polite reply back. Thanks for everyones help/ advice. By the way, I still really, really want to stick it to them and do a full reply, but will not. [:-graduat Link to comment Share on other sites More sharing options...
John Dirks Jr Posted April 4, 2008 Report Share Posted April 4, 2008 Some of the greatest things I learned from TIJ are: 1. Do the inspection right. 2. Take whatever time is needed to make the the report as good as it can be. 3. Feel comfortable that you are done with it. Link to comment Share on other sites More sharing options...
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