America's Best Home Inspector

Review: On October 10, 2013, [redacted] A. [redacted], CCI certified home inspector provided service regarding home inspection at [redacted] pending purchase and escrow of said property, During the inspection, [redacted] tested the horse corral/shelter area for electric current and stated 'there is power, but not much'. The real estate agent and myself were present when [redacted] tested the electric junction box and provided false statement. After purchase of property, I learned that there was indeed NO electricity to the shelter, in fact, the wires had been CUT to the shelter and suspectedly rerouted to the swimming pool installed a couple of years previously. The home inspector lied about the condition of the property.Desired Settlement: Intentional deceiving a paying customer for professional services is considered fraud. I have no faith or trust in the contents of the home inspection report developed by [redacted] A. [redacted] as being true. I request a full refund of the home inspection fee in the amount of $525. Thank you.

Business

Response:

December

19, 2013

I received your complaint ([redacted]) in regards to the home

inspection performed at the property [redacted]

performed on October 10th, 2013 at 1:00pm.

I do

believe that the claim of negligence is warrantless and with ill regard in

reference to the inspection. I [redacted]

A. [redacted] tested the horse corral/shelter area for electrical current with a

sophisticated Amprobe 3 testing device and stated that the corral did indeed

contain energized receptacles and illumination however did reveal a voltage

drop at the time of inspection and included it in my written report. The real

estate agent ([redacted]) and my client ([redacted]) were present when I

tested the circuit and I provided true and correct statements regarding the

condition of the electricity.

The complaint states

that after purchasing the property, [redacted] learned that there was no

electricity to the shelter, and states that the wires had been cut to the

shelter and had been rerouted to the swimming pool. She also states that I had

lied about the condition of the property.

I called [redacted] on December 18, 2013 when I learned about the complaint and attempted

to discuss the issue with her. She claimed that I had lied to her because I was

buddies with the real estate agent and I wanted the sale of the property to

close escrow. I explained to her that in no way could this be farther from the

truth because I was not hired or paid by anyone but her. I also explained to

her that the conditions of the residence change from day to day and it could be

a possibility that the seller or someone else cut the wires after the

inspection. I also explained to her that by her getting the item in question

repaired and not affording me the opportunity to re-evaluate it was a violation

of the contract she signed and I could be defrauded.

I spoke to [redacted]on December 18, 2013 after speaking with [redacted] regarding the subject property conditions and she agrees that I stated the conditions appropriately and clearly remembers me showing her and [redacted] my electrical testing deives which reads voltage. She is willing to state this for the record if necessary.

After 10 years of faithful service to the Real Estate

community as a Certified CREIA inspector, I have yet to receive any complaints with

the Revdex.com. Further, as a former United States Marine, Drill Instructor, and Iraqi

War Veteran demand integrity, and pride myself on thoroughness. Indeed I am

very sorry to hear about her financial hardship, although I do not feel that I

am to be held responsible for costs associated with this claim. Nor am I to be

held accountable for something which I was not afforded the opportunity to

evaluate prior to the repair.

Additionally, according to the California Real Estate

Inspectors Association (CREIA) Standards of Practice, I performed my obligation

as a Home Inspector to the best of my capabilities for the above referenced

property in which I was contracted to evaluate. I have enclosed a copy for your

convienence and review.

Furthermore,

[redacted] entered into a contract with me in reference to the above stated

property that explicitly outlines the following:

SCOPE OF THE INSPECTION: The real estate inspection to be performed

for Client is a survey and basic operation of the systems and components of a

building which can be reached, entered, or viewed without difficulty, moving

obstructions, or requiring any action which may result in damage to the

property or personal injury to the Inspector. The purpose of the inspection is to

provide the Client with information regarding the general condition of the

building(s).

Inspector will prepare and provide Client a written report for the sole use and

benefit of Client. The written report shall document any material defects

discovered in the building's systems and components which, in the opinion of

the Inspector, are safety hazards, are not functioning properly, or appear to

be at the ends of their service lives.

The inspection shall be performed in accordance with the Standards of Practice

of the California Real Estate Inspection Association (CREIASM), attached hereto

and incorporated herein by reference, and is limited to those items specified

herein.

CLIENT'S DUTY: Client agrees to read the entire written

report when it is received and promptly call Inspector with any questions or

concerns regarding the inspection or the written report. The written report

shall be the final and exclusive findings of Inspector.

Client acknowledges that Inspector is a generalist and that further investigation

of a reported condition by an appropriate specialist may provide additional

information which can affect Client's purchase decision. Client agrees to

obtain further evaluation of reported conditions before removing any

investigation contingency and prior to the close of the transaction.

In the event Client becomes

aware of a reportable condition which was not reported by Inspector, Client agrees

to promptly notify Inspector and allow Inspector and or Inspector's designated

representative(s) to inspect said condition(s) prior to making any repair,

alteration, or replacement. Client agrees that any failure to so notify

Inspector and allow inspection is a material breach of this Agreement.

ENVIRONMENTAL CONDITIONS: Client agrees what is being contracted for

is a building inspection and not an environmental evaluation. The inspection is

not intended to detect identify, or disclose any health or environmental

conditions regarding this building or property, including, but not limited to:

the presence of asbestos, radon, lead, urea-formaldehyde, fungi, molds, mildew,

PCBs, or other toxic, reactive, combustible, or corrosive contaminants,

materials, or substances in the water, air, soil, or building materials. The

Inspector is not liable for injury, health risks, or damage caused or

contributed to by these conditions.

GENERAL PROVISIONS: The written report is not a substitute for

any transferor's or agent's disclosure that may be required by law, or a

substitute for Client's independent duty to reasonably evaluate the property

prior to the close of the transaction. This inspection Agreement, the real

estate inspection, and the written report do not constitute a home warranty,

guarantee, or insurance policy of any kind whatsoever.

No legal action or proceeding of any kind, including those sounding in tort or

contract, can be commenced against the Inspector, the Inspection Company, or

its officers, agents, or employees more than one year from the date Client

discovers, or through the exercise of reasonable diligence should have

discovered, the cause of action. In no event shall the time for commencement of

a legal action or proceeding exceed two years from the date of the subject

inspection. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY LAW.

This Agreement shall be binding upon and inure to the benefit of the parties

hereto and their heirs, successors, and assigns.

This Agreement constitutes the entire integrated agreement between the parties

hereto pertaining to the subject matter hereof and may be modified only by a

written agreement signed by all of the parties hereto. No oral agreements,

understandings, or representations shall change, modify, or amend any part of

this Agreement.

Each party signing this Agreement warrants and represents that he/she has the

full capacity and authority to execute this Agreement on behalf of the named

party. If this Agreement is executed on behalf of Client by any third party,

the person executing this Agreement expressly represents to Inspector that

he/she has the full and complete authority to execute this Agreement on

Client's behalf and to fully and completely bind Client to all of the terms,

conditions, limitations, exceptions, and exclusions of this Agreement.

SEVERABILITY: Should any provision of this Agreement be

held by a court of competent jurisdiction to be either invalid or

unenforceable, the remaining provisions of this Agreement shall remain in full

force and effect, unimpaired by the court's holding.

MEDIATION: The parties to this Agreement agree to attend,

in good faith, mediation with a retired judge or lawyer with at least 5 years

of mediation experience before any lawsuit is filed. All notices of mediation

must be served in writing by return receipt requested allowing 30 days for

response. If no response is forthcoming the moving party may then demand

binding arbitration under the terms and provisions set forth below.

ARBITRATION: Any dispute concerning the interpretation

or enforcement of this Agreement, the inspection, the inspection report or any other

dispute arising out of this relationship, shall be resolved between the parties

by binding arbitration conducted in accordance with California Law, except that

the parties shall select an arbitrator who is familiar with the real estate

profession. The parties agree that they shall be entitled to discovery

procedures within the discretion of the arbitrator. The arbitrator shall manage

and hear the case applying the laws of the State of <st1:place w:st="on"><st1:state w:st="on">California to all issues submitted in the

arbitration proceeding. The award of the arbitrator shall be final, and a

judgment may be entered on it by any court having jurisdiction. Any disputes

are to be arbitrated by: JudicialArhitration and Mediation Service (JAMS®

Sincerely,

[redacted] A. [redacted]

###-###-####

[redacted]@cox.net

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

There have been no alternations to the junction box at the house or the receptacles in the horse shelter that the home inspector tested in October, so there is no violation of the inspection contract. The discovery that the shelter was without electricity became evident after the property sale. To properly care for my horses during daylight savings time, electricity was necessary and installed in the shelter; however it was routed from the junction box in the garage/barn, not from the junction box at the house. The home inspector is very welcome to return to the property at an

agreed date and time to view the junction box and confirm that the wires are capped

off. Thank you.

Regards,