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BACKGROUND: Ronald Pierce, Attorney at Law in Irvine, California
responded to the issue of home inspector's liability as follows:
"In my opinion, home inspectors would benefit if they were able to
establish the same limited duties for themselves as now exist for real
estate brokers in the area of inspecting and reporting," (as outlined
in the court's 1984 ruling on Easton vs. Strassburger).
Easton vs. Strassburger required real estate agents to perform a
diligent visual inspection of the normally accessible areas of a home.
"It remains to be seen whether or not California courts will hold independent
home inspectors to a higher standard of expertise than real estate
brokers in making a visual inspections," Pierce claims

Members of the American Institute of Inspectors, already have
a tool that sets a high standard and still limits liability. That tool is
known to members as the "Umbrella Philosophy".
In every aspect of operating our inspection business, we have first
defined what a proper inspection includes. That definition is detailed
in our Standards of Practice & Code of Ethics.
The Umbrella Philosophy is simply our shorthand for remembering to
stay within the guidelines of those Standards. By staying under the
umbrella of the definition of a reduced liability inspection
each member diminishes his/her exposure.
EITHER YOU LEARN TO DEAL WITH THE LIABILITY ISSUE,
OR IT WILL DEAL YOU A DECISIVE BLOW.
Reducing our liability means skillfully dealing with the
most frequently asked questions about our reports --
How to? and How much?
Without stepping from under the umbrella.
It also means staying out of the area of expertise of
other professionals such as the:
- Termite Inspector
- City Building Official
- Appraiser
- Lender
- Realtor
And technical fields that may require a state license like a:
- Roofer
- Electrician
- Heating Contractor
- Plumber
- A/C Technician
- Engineer
- General Contractor
Until an inspector learns how to provide a useful report without
becoming technically exhaustive, success will elude him.
In addition, the possibility of the liability monster feasting
on his assets will loom large in his nightmares.
It is this issue that divides the survivors from also-rans in the inspection industry.
Either you learn to deal with the liability issue, or it will deal you a decisive
blow.
It is the ability to provide a useful report without becoming
a "technical expert"
that is the key to a successful home inspection career.
Much like the M.D. who is a general practitioner, a home inspector
should be thorough enough to identify the need for a specialist,
(or technical expert), without becoming one.
Unlike a doctor, with his years of required education, a home
inspector simply needs a complete checklist on which to compile
a summary of the conditions of the components of a home.
The skills to identify the components and evaluate the answers
to the checklist questions are gained with the Home Study Course and
during the intensive 3 days of A.I.I. sanctioned training.
After completing the 3-Day training course and passing the final exam,
(consisting of both field and written parts), a student is "Certified as
a Home Inspector" by the American Institute of Inspectors™.
Some might question if three days is enough training to become an inspector?
It would not be possible to certify an inspector as competent in three days
except for the unique tools developed by the CIT. Tools like the "Quick Reference
for Home Inspections" (QR) are taught as a core to the curriculum. The QR's
becomes
the new inspector's ready reference guide when completing his/her inspection
reports.
With the right tools, (the 15-page checklist report form, the QR's, the Home
Inspection Manual, reference materials, and the Umbrella Philosophy), a new inspector's
confidence rises quickly. He/she will soon view him/herself as a PROFESSIONAL.
Becoming a Professional in a world of mechanics can only be achieved through
strong leadership in an Association of peers who have the same vision.
Join the members of A.I.I., as we fulfill our vision of Home Inspectors becoming
true professionals. It's within reach, as long as we stay Under the Umbrella!
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