American Home Services

The best way to respond to this complaint is to copy and paste a letter that was sent to Ms. Concepcion on or around 5-10-2019

Dear Ms. ,

I have received notice of your troubles with the balcony of your home. I am sorry to hear you have an issue with this balcony. We try very hard to perform the most thorough home inspection available within today's standards to try give a heads up to any issues that may arise after the purchase of the home.
First, I am assuming this is the upper front balcony at exterior. If not then please be more specific of what area your having trouble with.
I have reviewed your complaint and the inspection report and backup photos and videos.
As you may know a home inspection is a snap shot in time and is a visual inspection of all items accessible at the time of the inspection. This is described in your home inspection agreement and in the introduction page of your home inspection report.
AGREEMENT: The Inspector agrees to perform a visual inspection of the subject property and to provide Client with a report identifying visually observable and accessible deficiencies of the inspected systems and components that exist at the time of inspection.
INSPECTION REPORT: A HOME INSPECTION IS A "SNAPSHOT IN TIME" AND ONLY DOCUMENTS SPECIFIC CONDITIONS WHICH ARE DETERMINABLE AT THE TIME OF THE INSPECTION. (American Home Services, LLC) CANNOT PREDICT FUTURE CONDITIONS AND IS NOT RESPONSIBLE FOR ANY CONDITION AFFECTING ANY SYSTEM OR COMPONENT WHICH OCCURS SUBSEQUENT TO THE INSPECTION OR WHICH IS INTERMITTENT AND/OR OTHERWISE NOT DETECTABLE OR DETERMINABLE AT THE TIME OF THE INSPECTION.
With that said let me address the issues you have described in your email to Christina.
In the inspection report my inspector noted that the tile had gaps and/or cracks and he recommended that they be sealed up to prevent water intrusion. See report section 2.4. After reviewing the report, back up photos and back up videos, there was no evidence of anything else going on at the time of the inspection. The inspector reports that at the time of the inspection, water staining, loose railings or any other clue was not present when he performed the inspection. Please note that this inspection was completed on 9-19-2018. If water had been penetrating or getting behind the cracks noted in the inspection report, it is fair to say that 8 months later the situation may have exasperated.
I was told that your contractor said there was visible evidence when he started his job. That may be after 8 months. However, as home inspectors we can not predict the future of what might happen unless it there was clear evidence of a defect at the time of our inspection.
At this point I must direct you to our signed inspection agreement paragraph 10, 15, and 16.
10. The parties agree that the maximum liability for the Inspector and American Home Services, LLC., arising from failure to perform any of the obligations stated in this agreement, is limited to an amount NOT TO EXCEED THE FEE PAID FOR THE INSPECTION.
15. Client agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the inspector for the purpose of inspecting the subject property.
16. Client agrees that if an issue arises after the inspection and feels that American Home Service did not perform its duties properly, that they will give American Home Services the first right of re-inspection BEFORE any repairs are made. Client agrees that without the first right to re-inspect BEFORE repairs are made, they relieve American Home Services of ALL liability or expense associated with the residence inspected.

It is always our intention to provide the best service to our clients. I apologize if we have failed you in any way, but as mentioned above we performed your home inspection according to State of Florida Statutes. The condition you have described was not present at the time of the inspection. Therefore, I do not see how as a company, or Inspector we could have in anyway given you a heads up that there was an issue at the time the inspection was performed or be liable for your repairs at this time.
However, I would like to offer you a full refund of your inspection fee of $429.00
Once again, I apologize for any frustrations with your home purchase and look forward to your reply.

At that time I offered a resolution of returning their inspection fee and I will offer that again as a resolution.

As mentioned before, my current resolution stands and will not change. As mentioned previously, the condition described in the complaint was not visible or detectable at the time of the inspection. As mentioned previously a home inspection is a snap shot in time and a "visual" inspection of all readily accessible areas and systems. The railings were not loose or improperly attached at the time of the inspection. Decay or rot of the structure was not visible. Even though our inspection was performed to Fl Statutes regarding home inspections, a refund of $429.00 is offered as a resolution.

Dear Revdex.com,

On 10-11-2018 we performed a Home Inspection, Wood Destroying Organism Inspection and Wind Mitigation for *** and ***. The inspection was conducted by the Florida Statues governing Florida Home Inspectors. His inspection reports were delivered the same day and all parties discussed the report and all were satisfied. Our guarantee is very simple, attend the inspection and if you are not 100% satisfied, let us know before you receive your report and we will refund 100% of your home inspection fee. The buyers did attend and found no issues with our inspection and their report was delivered. The following is copied from our web site:
"Let me start off by making you a BIG Promise. If we inspect your home and you are not 100% satisfied with our inspection - you pay absolutely nothing for the inspection.
Having been in the Home Inspection Business since 2001, I've seen many fly-by-night Home inspectors come and go. I feel sorry for the home buyers that are victimized by these unscrupulous operators.
I'm so confident in our inspections, that I'm willing to put my money where my mouth is.
You see, I understand this is an important step in your life. This Guarantee is just one more way to demonstrate my desire and commitment to meet and exceed your expectations. Also, I want to ensure you have an enjoyable real estate experience.
So, at American Home Services, we offer a simple, no weasel words Guarantee. Attend your home inspection and if for any reason you're not satisfied with the "Quality" of the home inspection service, tell the inspector before receiving your report and we'll either make it right, or you don't pay the home inspection fee!"

This issue arose two months after the Home Inspection was performed, when the client called the office complaining about rodent feces in his attic and wanted us to pay for the remediation. It was explained to him that rodent feces or inspections of rodents are "outside the scope of a home inspection". The State of Florida requires a Pest Control License to report on such activity. See Below. Before both parties could come to a resolution the client began posting negative reviews to our social media. Once that began, we only responded to the social media claims, and not to the client personally.
To be clear, Rodent feces or activity is NOT a reportable defect of a Home Inspection. It is actually ILLEGAL, and beyond the Scope of a Home Inspection for a home inspector, or anybody that does not hold a General Pest Control license to make comments about rodent infestations. These guidelines are very specific, handed down from the Department of Agriculture and Consumers Services (DACS). Here is their actual statement.
The following Statute is from the Department of Agriculture and Consumer Services:
State Statue 482.165 Unlicensed practice of pest control; cease and desist order; injunction; civil suit and penalty.--
(1) It is unlawful for a person, partnership, firm corporation, or other business entity not licensed by the department to practice pest control. Pest Control includes inspection of a property.
When a home inspector (who is not a State Approved WDO or GHP inspector) verbally communicates to any participate in a real estate transaction whether or not evidence of WDOs or GHP were viewed, he or she has performed a WDO or GHP inspection whether or not a fee is charged or received, and a report is or is not provided is immaterial. A inspection has been performed and a conclusion rendered. Maximum fine $5000. Any real estate agent who is aware of this activity is complicit in supporting the unlicensed activity.

American Home Service Home Inspectors are licensed in the category of WDO but not in GHP, therefore it is not legal or within the scope of a Home Inspection to identify Rodent feces or any activity of rodents as per the State of Florida. In doing so we can be held to a possible $5000.00 fine.

American Home Services performed a Home Inspection, not a General Pest Inspection, that must be performed by a licensed Pest Control Company. It was explained very professionally, that a home inspection is a snap shot and time, that we perform a visual, non-intrusive inspection. Things change after the inspection is completed. We cannot be held responsible for things that change after we have performed our inspection. His claim is that the rodents were present at the time of the inspection and we should have mentioned it, also that we did not identify holes where the rodents gained access. We have clear photos showing that we did NOT miss any holes and MOST IMPORTANTLY, there was no evidence of rodent intrusion at the time of the inspection. It is very clear that rodents were not present at the time of the inspection. Our back up video shows the inspector in the attic and a 360-degree recording. NOTHING! Was there!!! And if there was, we are bound by Florida Law not to report it.
Note that there is NO complaints about the service we completed, only about a service we are not licensed to perform, and it would be illegal if we did.

Sincerely,

Thomas *. K
Ceo, Certified Master Inspector, CPCO

We don't have much to add to this meritless claim. Attached are pictures and videos of attic inspection. You can clearly see that rodent feces were visible at the time of the inspection. You can also see that home owner materials stored in attic did not give us complete access to the attic and this was documented in the report. The four pictures included in the attic section of the report clearly show clean insulation. The following is an excerpt of my attorney's letter to the client.

As I sincerely hope that you know, a residential real estate inspection is a snap-shot in time, a limited, noninvasive, visual inspection that is conducted under Standards of Practice ("SOP") promulgated by the State of Florida. The SOP may be found at Florida Administrative Code § 61-30.801 et seq.
Under these SOPs, a home inspector is not required to report on conditions that are not visible. See SOP § 61-30.801(1)(a). Italics mine. Nor are they required to report on conditions that are excluded from the inspection by contract. Id. SOP § 61-30.801(5). Nor are they "required to determine future conditions." See SOP § 61-30.801(1).
Since the Inspection Agreement between American and your clients specifically excludes a determination of "The presence or absence of pests, rodents or evidence thereof," a failure to identify the issues that form the gravamen of your clients' complaints would not be negligent, as a matter of law. See Inspection Agreement, ¶ 2. Bold and underline in original.

As you can see that rodents are clearly outside the scope of and inspection, are clearly stated in our inspection agreement, (which was signed by our client) and should not be reported on, according to DACS.
American Home Service has performed over 15,000 home inspections with a customer satisfaction rate of 99.99%. In the spirit of customer service, I will offer the following resolution.
I will issue a refund of the home inspection only if two conditions are followed. 1. Remove all posts from social media. 2. Sign a "Release of Liability" statement. If these conditions are met, I will gladly reimburse Mr. for the inspection fee only. If not, I will consider this matter closed and will not further respond.

It was with regret that American Home Services received both a complaint filed with the Revdex.com and have also been targeted through harmful social media reviews. The customer's original concern presented to American Home Services via email on 11/7/17, was that the Inspector failed to "identify and report" a reversed or defective shower valve and shower head during an inspection conducted on 10/10/17. The home owner concern was acknowledged and agreement made for an internal examination of reports and a review of videos taken by the American Home Services owner. It was noted that a reasonable amount of time would be necessary to complete the investigation.

On 11/27, following the Thanksgiving holiday, the customer asked for a progress report. On 11/28, A.H.S. responded. In review of the internal documents it was discovered and acknowledged that the Inspector had difficulties with documentation using the recently adjusted templates used by American Home Services when entering inspection data, however all defects were noted in each section correctly and on the summary page.

Although the inspector recalled that the shower head was not leaking (defective) at the time of the inspection and review of the video did not clearly detail the shower head operation, an offer was made to send to the client in good faith a *** gift card to compensate for a new shower head.

Further research by American Home Services with a licensed plumber regarding the client concern of a defective shower valve revealed that it was possible that during initial installation the cartridge was installed 180` out. The client was provided step by step instructions for in simple home correction to the problem.

Although American Home Services was not in agreement with the client's claim, another good faith offer was made to the client for reimbursement of the home inspection fee of $329.00 to resolve the issue and to further our mission of treating our customers fairly. The client was asked to sign the standard release of liability form that is necessary to close out an inspection activity.

While the complaint, investigation, findings, negotiations and offer of settlement were ongoing the client attempted to cancel payment for services through the credit card payment causing an internal bookkeeping inconvenience at American Home Services. At the same time the client began posting meritless claims and damaging statements about American Home Services through social media.

At each step of this exchange and during efforts to resolve the issues, American Home Services, has attended carefully and respectfully to what the client has said, communicated directly and honestly, demonstrated empathy for the customer's circumstances and offered resolutions.

As a family owned and operated business, American Home Services, has a standard and reputation for excellence in both service and product delivery. Our reputation of credibility is very important to our business and to us as a family.

We continue to be prepared to reimburse the client for the $329.00 inspection once the release of liability is signed and returned. We additionally are requesting a correction be developed for the social media reviews which have been posted and are written in such a way as to slander our reputation and good name in the industry of home inspection and our family.

Sincerely,

Thomas K, CEO

To recap from our original response, "Although American Home Services was not in agreement with the client's claim, another good faith offer was made to the client for reimbursement of the home inspection fee of $329.00 to resolve the issue and to further our mission of treating our customers fairly. The client was asked to sign the standard release of liability form that is necessary to close out an inspection activity."
From the onset, American Home Services has sought to resolve the issue by offering the gift card and reimbursement of the home inspection fee once the standard release of liability has been signed. To date, the client has not returned the signed release form.
We will honor the refund for the next 15 business days. Upon receipt of the signed release of liability form, the refund of $329.00 and the gift card will be sent to the client within 7 business days.
American Home Services has offered reasonable and fair resolutions to resolve this concern. We remain committed to excellence in our services and building positive customer service. We look forward to closure regarding this issue.
Sincerely,
Thomas K, CEO

Please accept this letter in response to a complaint submitted by Mr. S----- regarding the inspection performed by American Home Services. When reviewing the complaint it was evident that the customer does not have a full understanding of the complexities of the property, nor does he accept responsibility for the agreement he reached when scheduling his inspection.

When a client requests an inspection to be performed it is most generally scheduled through the Office Manager. A mutually convenient date and time for home owner/buyer and inspector are identified. Because American Home Services offers a tiered menu of services, each of the options are presented as possibilities and the owner/buyer chooses among them to best meet their needs. During the process with Mr. S---, our scheduler asked specifically if the client was requesting crawl space, pool, out building and a wdo inspection performed as an expansion of the standard inspection. The client declined, stating that he did not wish to spend money on additional services. Agreement was reached as to services to be performed and the applicable cost. Date, time, cost was reconfirmed as standard operating office procedures.

A review of our records affirms that the correct information was indeed provided to Mr. S--- about the siding. There are multiple and differing types of siding present on the home. The report addresses the major type - a hardiplank cement based siding material. A small amount of asbestos looking tile siding is also present. Asbestos on the exterior and painted is not considered a hazardous defect. Only when fibrous materials become air borne are they considered a hazard.

On the day of inspection, the Inspector notified the client of severe termite damage on the out-buildings. The client declined to expand the scope of the inspection refusing to have a wdo inspection or any other auxiliary inspections completed. He was adamant in his decision to having the inspection solely on the house.

As a reputable business committed to excellent customer service we take any complaint seriously. From the onset we strive to establish rapport with our customers and build a trusting and credible relationship. As in this case we investigate, make decisions and offer appropriate compensation when warranted.

Whether issuing a complaint or responding to a complaint, it can be an upsetting experience for either party.
We regret that Mr. S--- was disappointed in the service. It is the mission of American Home Services to provide quality services in both our products and in our customer service.

In the complaint filed by Mr. S---, and his request for a refund, American Home Services finds no fault of service failure occurred on our part. An agreement for a home inspection was reached and performed as requested.

Respectfully,

Thomas K, CEO