How to Turn The Tables on a Frivolous Lawsuit

[jferry]

Originally posted by hausdok

Gee,

What a coincidence, two of Nick's acolytes show up to heckle me on the same day - what're the odds? What's the matter Jimmy Boy, tired of nagging folks over on the soap opera so you've come over here for a change of pace?

I guess my reading comprehension is going to hell, 'cuz I'm not sure how I was "smooth." Post #9 above tells you exactly how I got the story, explains the circumstances of how I came to write it, and that he checked the facts for accuracy before I posted it. That's the absolute truth of how I came by the story and If you and Ferry, or anyone else, choose not to believe it, that's your prerogative; I really couldn't care less.

Mr. Ferry, you can ballyhoo it as much as you want; you're not going to goad me into telling you the man's identity. He reads this site; if he chooses to come on here and answer your challenge that's up to him. For my part, I have no problem with anyone calling me stupid for believing someone that I think is a very credible person.

ONE TEAM - ONE FIGHT!!!

Mike

I am sure that Jim Bushart - and anyone else remotely familiar with the InterNACHI Message Board - would find it amusing to have you consider him and me as confederates.

I hold no brief for Mr. Bushart and no animosity towards you. Or anyone else for that matter.

I was merely pointing out for the benefit of the more naive habitues of this website of whom you are evidently one that the story did not stand up to even the most cursory scrutiny.

Mike, I don't know who this inspector is but he is clearly full of it for the very compelling reasons that I pointed out in my posts. I am willing to give him $2000 if he's telling the truth, if he will give me $1000, if he isn't.

That's easy money. I won't even expose him on this or any other board.

If this story actually happened as you described and he proves it to me, I will give him $2000 and will print a retraction of my post. I will not "out" him to anyone. [bear in mind that I spent two years in the seminary. Seal of Confession.]

But, please . . . I'm from North Philly. This story stinks to high heaven. There is no juror that I have ever tried a case in front of who would believe this story.

I am shocked that you do.

[hausdok]

If this story actually happened as you described and he proves it to me, I will give him $2000 and will print a retraction of my post. I will not "out" him to anyone.

Well, good luck with that.

[bear in mind that I spent two years in the seminary. Seal of Confession.]

Well, that certainly won't help you where I'm concerned.

But, please . . . I'm from North Philly.

What is it exactly about North Philly that is supposed to impress the rest of us? I've known quite a few folks from Philadelphia in my day and they never seemed to be any tougher, weaker, smarter or dumber than the rest of us.

This story stinks to high heaven. There is no juror that I have ever tried a case in front of who would believe this story.

Well, I can certainly understand why a lawyer would want to to dig into this but I can't help you with that; that's strictly up to him. However, if you're so eager to part with your hard earned money I'll be happy to sit down to a polygraph (if you pay for it) in order to satisfy you that the circumstances as I've explained them above are exactly how I came by the story. However, time is money; I'd expect you to pay me that $2,000. It won't get you his name or prove/disprove the story, but I'd be perfectly happy to make an easy 2K. Somehow, since you're from "North Philly," whatever that means, I doubt you'd be willing to do that

I am shocked that you do.

No reason to be shocked; I put my pants on one leg at a time just like everyone else.

ONE TEAM - ONE FIGHT!!!

Mike

[dspec]

Joe.

Sounds like an honest story to me.

Nothing can beat the tales at the nacho enquirer

[Chad Fabry]

[bear in mind that I spent two years in the seminary. Seal of Confession.]

From seal of confession to walrus of contention... tusk, tusk. When seals of contention retire, do they join aarp aarp?

[jferry]

Originally posted by hausdok

Well, I can certainly understand why a lawyer would want to to dig into this but I can't help you with that; that's strictly up to him. However, if you're so eager to part with your hard earned money I'll be happy to sit down to a polygraph (if you pay for it) in order to satisfy you that the circumstances as I've explained them above are exactly how I came by the story. However, time is money; I'd expect you to pay me that $2,000. It won't get you his name or prove/disprove the story, but I'd be perfectly happy to make an easy 2K. Somehow, since you're from "North Philly," whatever that means, I doubt you'd be willing to do that

ONE TEAM - ONE FIGHT!!!

Mike

This is an interesting development.

Why are you getting so defensive? I never questioned the provenance of the story. If you were merely the messenger, you're as much a victim of this liar's skullduggery as your membership, perhaps even more so.

As a journalist, aren't you the least bit curious to go back and ask him to clarify the holes in the story that I have identified? Isn't that what a journalist does?

And didn't Dan Rather offer to take a polygraph, too?

[hausdok]

Originally posted by jferry

Originally posted by hausdok

Well, I can certainly understand why a lawyer would want to to dig into this but I can't help you with that; that's strictly up to him. However, if you're so eager to part with your hard earned money I'll be happy to sit down to a polygraph (if you pay for it) in order to satisfy you that the circumstances as I've explained them above are exactly how I came by the story. However, time is money; I'd expect you to pay me that $2,000. It won't get you his name or prove/disprove the story, but I'd be perfectly happy to make an easy 2K. Somehow, since you're from "North Philly," whatever that means, I doubt you'd be willing to do that

ONE TEAM - ONE FIGHT!!!

Mike

This is an interesting development.

Why are you getting so defensive? I never questioned the provenance of the story.

Not here, but then you went back over to the soap opera and directed folks over there to come over here saying, "I don't know when I've read a post with a higher BS index." Then after your buddy, Jimmy Boy, came over here he went back to the soap opera and said, "Mike has never allowed the truth to interfere with what he believes to be an interesting post," for which you thanked him. You said something else too, but then deleted it - perhaps you knew I'd read it? In any event, it sure reads to me like you and others are accusing me of putting up a story that I knew to be false.

If you were merely the messenger, you're as much a victim of this liar's skullduggery as your membership, perhaps even more so.

Nice switch in tactics, Counselor! There's only one problem with that; I know the man and I trust him. As ex-investigator who's spent literally hundreds of hours on witness stands dueling with the machinations of defense attorneys intent on getting their very guilty clients off, I'm afraid attorneys aren't very high on my trust index; especially after some of the stories that my older sister, an ex-ADA and ex-public defender, has told me about the way the "legal" system works. That tactic won't work with me, I'm afraid. Oh, by the way, if you're going to use 25-cent words to impress folks, you should at least spell them correctly.

As a journalist, aren't you the least bit curious to go back and ask him to clarify the holes in the story that I have identified? Isn't that what a journalist does?

Nice piece of reverse psychology, but I doubt that you consider me to be any more of a "journalist" than you are. I know the man; I trust him and I made him a promise; so, though I might be curious, I'm taking him at his word. What part of that is unclear to you? Are you telling me that attorneys, despite their own curiosity, never accept their clients' version of events and then make promises to those same folks not to divulge certain information to others? Hmm?

And didn't Dan Rather offer to take a polygraph, too?

Sweet, from righty to south paw, very smooth. I can only infer from your reference to Dan Rather that you think that, by implying that I'd put up a post that I knew to be false and then try to bluff me way through it by offering to take a polygraph, you think I'd be willing to break my word to someone in order to prove to folks that I'm not pulling a Dan Rather. Well, like I said, I couldn't care less whether you choose to believe the story or not; you and anyone else is free to call it BS. The story stays and, unless he chooses to reveal to you who he is and gives you the reference for the case so that you can dig into it, you won't be getting any more information about it from me.

Now, why don't we discuss your blatant attempts to promote your services on this site without paying for the right to do so. This site is free to members: but the only way that I can keep it that way is if vendors are paying for the privilege of reaching its members. Isn't completely ignoring a site's rules by promoting one's business without paying for advertising rights as the other sponsors do also some kind of skulduggery?

From my point of view, you've not only called me stupid but you and your boy have essentially said that I'm a liar, while at the same time you've abused my hospitality.

Not exactly a very effective interview technique when you're seeking to manipulate a witness into giving you what you want.

That's it, this is the last post I'll make in this thread, Counselor; though I won't promise you that I won't get fed up with it at some point and prune it. After all, why wouldn't I if I never allow the truth to get in the way of a good story?

ONE TEAM - ONE FIGHT!!!

Mike

[jferry]

Originally posted by hausdok

Originally posted by jferry

Originally posted by hausdok

Well, I can certainly understand why a lawyer would want to to dig into this but I can't help you with that; that's strictly up to him. However, if you're so eager to part with your hard earned money I'll be happy to sit down to a polygraph (if you pay for it) in order to satisfy you that the circumstances as I've explained them above are exactly how I came by the story. However, time is money; I'd expect you to pay me that $2,000. It won't get you his name or prove/disprove the story, but I'd be perfectly happy to make an easy 2K. Somehow, since you're from "North Philly," whatever that means, I doubt you'd be willing to do that

ONE TEAM - ONE FIGHT!!!

Mike

This is an interesting development.

Why are you getting so defensive? I never questioned the provenance of the story.

Not here, but then you went back over to the soap opera and directed folks over there to come over here saying, "I don't know when I've read a post with a higher BS index." Then after your buddy, Jimmy Boy, came over here he went back to the soap opera and said, "Mike has never allowed the truth to interfere with what he believes to be an interesting post," for which you thanked him. You said something else too, but then deleted it - perhaps you knew I'd read it? In any event, it sure reads to me like you and others are accusing me of putting up a story that I knew to be false.

If you were merely the messenger, you're as much a victim of this liar's skullduggery as your membership, perhaps even more so.

Nice switch in tactics, Counselor! There's only one problem with that; I know the man and I trust him. As ex-investigator who's spent literally hundreds of hours on witness stands dueling with the machinations of defense attorneys intent on getting their very guilty clients off, I'm afraid attorneys aren't very high on my trust index; especially after some of the stories that my older sister, an ex-ADA and ex-public defender, has told me about the way the "legal" system works. That tactic won't work with me, I'm afraid. Oh, by the way, if you're going to use 25-cent words to impress folks, you should at least spell them correctly.

As a journalist, aren't you the least bit curious to go back and ask him to clarify the holes in the story that I have identified? Isn't that what a journalist does?

Nice piece of reverse psychology, but I doubt that you consider me to be any more of a "journalist" than you are. I know the man; I trust him and I made him a promise; so, though I might be curious, I'm taking him at his word. What part of that is unclear to you? Are you telling me that attorneys, despite their own curiosity, never accept their clients' version of events and then make promises to those same folks not to divulge certain information to others? Hmm?

And didn't Dan Rather offer to take a polygraph, too?

Sweet, from righty to south paw, very smooth. I can only infer from your reference to Dan Rather that you think that, by implying that I'd put up a post that I knew to be false and then try to bluff me way through it by offering to take a polygraph, you think I'd be willing to break my word to someone in order to prove to folks that I'm not pulling a Dan Rather. Well, like I said, I couldn't care less whether you choose to believe the story or not; you and anyone else is free to call it BS. The story stays and, unless he chooses to reveal to you who he is and gives you the reference for the case so that you can dig into it, you won't be getting any more information about it from me.

Now, why don't we discuss your blatant attempts to promote your services on this site without paying for the right to do so. This site is free to members: but the only way that I can keep it that way is if vendors are paying for the privilege of reaching its members. Isn't completely ignoring a site's rules by promoting one's business without paying for advertising rights as the other sponsors do also some kind of skulduggery?

From my point of view, you've not only called me stupid but you and your boy have essentially said that I'm a liar, while at the same time you've abused my hospitality.

Not exactly a very effective interview technique when you're seeking to manipulate a witness into giving you what you want.

That's it, this is the last post I'll make in this thread, Counselor; though I won't promise you that I won't get fed up with it at some point and prune it. After all, why wouldn't I if I never allow the truth to get in the way of a good story?

ONE TEAM - ONE FIGHT!!!

Mike

I never questioned the provenance of the story here or on the InterNACHI Message Board. I said that the story was BS both here and there. As an ex-investigator who spent hundreds of hours on the witness stand, then you of all people should be able to detect when a story does not make logical sense. And that story defied logic on multiple levels and I laid out a compelling case why that was so.

I linked to the post on the InterNACHI Message Board because that venue has multiple times the number of visitors that this one does and I wanted a wide swath of the inspection community to understand why that story could not possibly be true.

By the way, what I had thanked Mr. Bushart for was his having acceded to my "unsportsmanlike conduct" chastisement of him for something that was in his original post. He removed it and I thanked him for having done so. The post that I removed was the one in which I had chastised him and had quoted his earlier post. It doesn't make much sense to leave a post up with the part I thought offensive, after he had edited his original post to remove the offensive material, now does it?

IAnother red flag in your increasingly bizarre and credulous defense of your friend's mendacity is his curious publicity shyness. In a day and age, where professional basketball players high-five their teammates when they sink a foul shot, you would think that a fellow who had outfoxed a plaintiff, her lawyer, his lawyer and his insurance company in this spectacular, outside-the-box, MacGyver-like maneuver would be shouting this coup from the rooftops, wouldn't you?

Well, wouldn't you?

Tell you what, have your friend call me and give me the details. If the story checks out, I'll make a $2000 contribution to Toys for Tots in his name and yours.

[qhinspect]

If he reported the problem in the first place and the buyer (now owner) signed an agreement, wouldn't this case have gone to arbitration? If so, than the arbitrator would have seen that the home inspector had reported the problem and the arbitration would have cost less than the $45,000 the insurance company wanted to settle for.

It would be intesting to see what they were sueing him for since he reported what he seen and it came true.

[jferry]

If he reported the problem in the first place and the buyer (now owner) signed an agreement, wouldn't this case have gone to arbitration? If so, than the arbitrator would have seen that the home inspector had reported the problem and the arbitration would have cost less than the $45,000 the insurance company wanted to settle for.

It would be intesting to see what they were sueing him for since he reported what he seen and it came true.

Dude, This never happened.

It's total BS.

Joe

[hmiller]

Wow, what an interesting thread. I have to say that it is surprising that the "anonymous inspector" would not come forward for an easy $2K, if this were true. I would be pretty proud of the accomplishment.

I am still trying to figure out how this inspector allegedly paid $65K, along with the E&O carriers settlement (like $55K) and was able to pay off any mortgage on a single family home in this area. And no legal fees were paid? I find it hard to believe on that basis alone. (most homes are well over $200K in this area)

Although I have to admit that just because Joe says "it aint so" really does not mean alot to me. After all, his conflict of interest would only allow him to come to one conclusion. He founded "Elite Inspect Insure" and sells E&O to home inspectors according to his website.

(I am surprised Buschart did not make that point, as he has over on the Nachi site a number of times. But that would contradict his objective of attacking Mike ...which is the only logical reason for his presence here.)

The premise of this story questions the value of E&O Insurance, and Joe would naturally be unhappy about that. As inspectors we would be upset if real estate agents were going around telling our potential clients that they did not need a home inspection.

Stranger things have happened

The jury is still out

and

Innocent until proven guilty

...are adages that come to mind for me...

Come on "anonymous inspector", take the cash and run......

[hausdok]

Hi Harold,

It happened. Ferry doesn't want it to be true so he keeps yammering about it. Doesn't change a thing.

As for the inspector, If he doesn't want to dink around placating Joe he doesn't have to. I'm glad he shared the information about the case with us and, as you said, just because Ferry says so, doesn't mean it ain't so.

ONE TEAM - ONE FIGHT!!!

Mike

[mthomas1]

""Sixty days later, he sold the home for $120,000 and walked away with a profit of $32,000. After selling costs and paying a 15% capital gains tax, he made a final profit of approximately $27,000.

1) AFAIK, You have to hold an asset for a year to receive the 15% CTG rate.

2) Every state I've even owned property in taxes such gain, usually as ordinary income.

[jferry]

Hi Harold,

It happened. Ferry doesn't want it to be true so he keeps yammering about it. Doesn't change a thing.

As for the inspector, If he doesn't want to dink around placating Joe he doesn't have to. I'm glad he shared the information about the case with us and, as you said, just because Ferry says so, doesn't mean it ain't so.

ONE TEAM - ONE FIGHT!!!

Mike

Mike - It's not true! You know it. I know it. Anyone over the age of reason knows it.

It never happened and you are making a fool of yourself by continuing to flog it as a true story.

Someone needs to do an intervention with you.

Joe

[hausdok]

Hi Harold,

It happened. Ferry doesn't want it to be true so he keeps yammering about it. Doesn't change a thing.

As for the inspector, If he doesn't want to dink around placating Joe he doesn't have to. I'm glad he shared the information about the case with us and, as you said, just because Ferry says so, doesn't mean it ain't so.

ONE TEAM - ONE FIGHT!!!

Mike

Mike - It's not true! You know it. I know it. Anyone over the age of reason knows it.

It never happened and you are making a fool of yourself by continuing to flog it as a true story.

Someone needs to do an intervention with you.

Joe

Why don't you start with your buddy Pee-Nickio and his stories over at Gimme-Co before you come around here making up allegations?

The only one flogging here is you.

ONE TEAM - ONE FIGHT!!!

Mike

[jferry]

The story is not true.

[hausdok]

The story has been told exactly the way that the inspector related it. I wrote it, sent it to him for review and then he made some minor corrections to it to correct some mistakes I'd made. I believe the man and don't believe that he would intentionally lie to me. That's all that matters here as far as I'm concerned. Whether any of you choose to believe it is your concern and no amount of ballyhooing by this guy is going to change that fact.

ONE TEAM - ONE FIGHT!!!

Mike

[jferry]

The story is demonstrably not true. Either you are lying or you "friend" is lying.

Which is it?

I think most rational people know the answer to that question.

[Jim Katen]

The story is demonstrably not true. Either you are lying or you "friend" is lying.

Which is it?

I think most rational people know the answer to that question.

If you're right, then who are you trying to influence with these pointless posts, the irrational people?

You've made your point. Unless you have new information to contribute, please stop making childish hit & run sorties onto this board.

- Jim Katen, Oregon

[kurt]

Yes. Good Gawd........

To what end does someone yammer about something they know nothing about?

When they have absolutely nothing going on in their lives........

Put it to rest, Joe. You got nothin'. Bring something worthwhile. If you can't, go over to your old bosses place and yammer. They like that.

We don't.

[RobC]

Yes. Good Gawd........

To what end does someone yammer about something they know nothing about?

When they have absolutely nothing going on in their lives........

Put it to rest, Joe. You got nothin'. Bring something worthwhile. If you can't, go over to your old bosses place and yammer. They like that.

We don't.

C'mon Kurt that's no way to treat a lawyer. The man is looking for attention and possibly drum up a little business.

Joe, if business is slow then I have a job for you.

This is easy money.

It involves a Canadian home inspector and an Atlanta home inspector/marketing coach. I won’t bore you with the details so here is a brief summary.

1. Canadian guy hires the Atlanta coach

2. Atlanta coach recommends his business partner ‘The magician in a Superman outfit’ to build a direct marketing website.

3. The Canadian inspector pays the magician in full.

4. The magician disappears with the money.

Are you interested?

BTW I have all the documentation to prove my case and you won’t have to go very far for service. Next time you’re on the road with your buddy, go over and knock on his door and serve him the statement of claim.

[Tom Raymond]

Now that's funny[]

Tom

[RobC]

If you think this is funny, wait until you hear the rest of the story.

Comedy at its best.

[Paul N Frey]

Doing Inspections for 25+ years and having "paid" for E&O for all that time I can say that self insurance would be far better. Having been sucked into 2 totally frivilous lawsuits - in which the problems and repairs were very well documented in my reports - my carrier decided both times to "settle" for roughly the cost of my $5,000 deductable. Both times I called and raised hell but to no avail. While I still carry it, I have a major conflict every time I write the check! I am really beginning to feel thatif you don't carry it the -------- attorney will just go away as I have seen happen. While the majority of inspectors in Oregon do not carry it the ones that do "swear" they need it to protect their assets - this just tells me that they didn't set their business up very well. Question - if it were mandated that inspectors had to carry it, would the rates rise or fall? I would bet they went up! We could all file for some of this funny money our idiots in D.C. seem to think is created at the printing press!!

On another note for Joe Ferry - where did you go to school and when? Minnesota?

[Marc]

Intriguing lawyer story, until a real lawyer stood up and exposed it as fiction, totally undeserving of attention on a forum for professional inspectors. I just registered on this forum this morning. It'd be nice if it would remained just that...Professional!

Marc

[Robert Jones]

Marc,

Welcome to the forum. For the most part it is the most professional HI forum on the internet, IMO. This thread was pretty much dead until you posted to it and brought it back to life. A little research on that "real" lawyer would get you quite a bit of information and background into his antics. His old boss, and a few of the inspectors on this board, have a less than positive relationship. He just instigates and then run's over to the other forum to stir crap up. If you don't think this forum is professional, you should check out the other one at nacho. The differences would be crystal clear.

V/R