Inspector's Viewpoint
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Summer 1999 - By Dennis R. Robitaille, President Able Home
Inspection, Inc.
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Home Inspector Sentenced To Jail For Falsifying Lab Reports:New Hampshire Attorney General, Philip T. McLaughlin announced on March 2, 1999, that the Strafford County Superior Court sentenced Alton E. Joseph to serve two years in the Strafford County House of Corrections for giving false radon and water analysis reports to his home inspection customers. Additional terms of his sentence include restitution and fines totaling $9,300 of which $6,000 is suspended; a published written apology and 150 hours of community service. In the Spring of 1997, Alton E. Joseph d/b/a Building Inspectors of New England conducted numerous home inspections and for an additional fee took radon and water samples. He was required to submit the samples to a certified laboratory for analysis. Instead, Alton falsified the lab reports to his customers, concealing the fact that he never submitted them to a lab for analysis. In every case, the phony lab results reported no water quality deficiencies or elevated levels of radon. Several of the homes, it turns out, had elevated radon levels and water that needed to be treated. The fraudulent scheme unraveled when one of his customers called the lab that the report purported to be from and discovered the lab had not done the analysis. The Environmental Protection Agency's Criminal Investigation Division and the New Hampshire Attorney General's Office immediately launched an investigation. In April of 1998, Alton E. Joseph was charged with 14 counts of fraud, class A misdemeanors, and one count of theft, a class A felony. Attorney General Philip T. McLaughlin stated, "This office takes very seriously any conduct which has the potential to expose people to health hazards, such as unsafe drinking water or elevated radon levels. We will vigorously prosecute those whose actions jeopardize public health." |
Update On Massachusetts Home Inspector Licensing Legislation:HB 1925 sponsored by Rep. Kafka would create a Board of Registration of Home Inspectors. HB 3245 sponsored by Rep. Casey which in addition to a Registration Board, would establish a standards of professional and ethical conduct. This Registration Board would be required to produce a formal brochure on home inspections that would be issued to homebuyers at the signing of a purchase and sales agreement. The bill would also require examinations to determine the qualifications of applicants. SB 349 sponsored by Senator Havern, which in addition to a Registration Board, would define the practice of home inspection as those inspection activities conducted in accordance with ASHI's (American Society of Home Inspectors) Standards of Practice. SB 351 sponsored by Senator Jacques, which in addition to a Registration Board, and the establishment of requirements for registration and the requirement to produce a home inspection brochure for buyers, would also require continuing education for home inspectors. This bill would also establishes two tiers of inspectors: associate home inspectors and home inspectors. Public hearings were held on all of these bills this past March. The House Committee on Government Regulation has not yet voted to release any of the bills from committee. Senator Jacques's bill SB 351 is the one most likely to survive and to move on to the House and Senate for a vote. |
Ask The Inspector:"The real estate agent selling a house that I was interested in said I didn't need a home inspection because the house was listed as 'move in' condition. Is it necessary to have it inspected?" Absolutely! Remember the real estate agent's client is the property owner. The agent is likely not trained in home inspection and thousands of dollars are being paid to that agent by the homeowner to sell the property. Buying a home will probably be the largest single purchase of your life. You owe it to yourself to have that investment inspected by a thorough, non-bias, professional inspector. Does "move-in condition" mean that a new owner will have a home to move into which does not require any upgrading, corrective repairs, or component replacements? I can state from my experience of inspecting over 6,000 houses (many of which were advertised as "move-in condition"), that there was not one house in which some type of repair, replacement, improvement, or corrective action was not needed. Granted some of these houses only needed minor repairs or corrective measures, however, couldn't it be said that any house, which keeps out the elements, has working plumbing, electricity, heat, and was structurally sound, could be advertised as "move-in condition"? Should real estate agents be making a blanket statement about the condition of a house, when in fact they do not perform an inspection of all the various items, components and systems in a house? Most of the time real estate agents rely upon statements made from the homeowner regarding conditions of the various house components and many times those statements are vague or inaccurate, (sometimes intentional and sometimes not). If a prospective buyer decides to forgo an inspection because it was listed as "move-in condition", they may learn the hard way that the "move-in condition" house they purchased was not the defect free home they thought they were getting. If your Purchase and Sales Agreement does not have a home inspection provision in it, be sure you or your attorney has a clause similar to the following inserted: This agreement is subject to the right of the buyer to obtain, at his/her own expense, a home inspection of the property by consultant/s of his/her own choosing within 14 days after the party's execution of this Purchase and sales Agreement.If the buyer is not satisfied with the findings of such inspection for any reason, he/she may terminate this agreement. The deposit shall be returned in full within three days, provided that the buyer notifies the seller or agent in writing of his/her intention to so terminate, before the expiration date of this provision. The buyer is not required to submit a copy of any inspection reports to the agent or the seller. |
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