Lake Ozark Real Estate Inspection LLC

Mr*** inspections were performed on August 25th, with him in attendance. His system was located, a hydraulic load test and dye test were performed and the system performed as intended the day of the inspection. He contacted our office in late May of the following year
with a complaint about his system. Mr*** mentions the ground had not been disturbed - his house is located on the water with a rock yard. Our inspectors are instructed to rake back the rock and make the area as close to original condition as possible before walking off site. After almost a year and three seasons of weather I'm sure it did not look disturbed. Again, if the issues described by Mr*** in his complaint were the case then I am confident their system would not have performed as intended during the inspection OR for almost an entire year after the inspections were performed.It was explained to Mr*** that our inspections are not a guarantee or warranty of any installed system, this is why we require a signed Pre Inspection Agreement from our clients stating that they accept those conditions so there are no misunderstandings if an occasion such as this arises. Yes, this point was brought up to Mr*** during the course of one of our phone calls, that he should refer to his signed Pre Inspection Agreement. If their report was incorrectly marked as to the size of the tank this does not change the fact that their system was functioning as intended the day of the inspection. Our reports do not indicate condition of any system, only if they are functioning properly at the time of inspection which Mr*** was. Again, if it had not been functioning properly at the time of inspection I am assuming our company would have heard from him a lot sooner than almost a year after the original inspection were performed.Since Mr*** feels he was treated unfairly I would be happy to refund his original septic inspection fee which is our company's policy as stated in his signed Pre Inspection Agreement

Client called with complaint of roof issue. After receiving photos of damage it was determined damage was found after partial roof covering tear off. Pre Inspection Agreement specifically states 'Latent & concealed defects' are not covered during the home inspection.
Unfortunately we cannot see under or through components of the home and are not allowed to disassemble components of the home during the inspection. Client and I never discussed any issues with her crawlspace and I can personally verify that I never told client that I did 'not enter the crawlspace'. Our inspectors enter crawlspaces (that are accessible) everyday. Unfortunately this appears to be a case of a client that is unaware of the limitations of a home inspection even though they are clearly spelled out in her signed Pre Inspection Agreement that we would be happy to share upon request.*** *** - OwnerLake Ozark REI

Complaint: 12517828
I am rejecting this response because:
Mr. [redacted] has been untruthful and we believe fraudulent in his report and responses.  He asserts the system was located and the septic was inspected, this is not true.  He hides behind his septic agreement, however, fails to acknowledge it should not cover him for lying to the consumer or falsifying documents that we trusted him to complete in good faith. He breached the contract that he hides behind when he listed false information, and did not inspect as the contract stated he would.  His gross negligence and falsification of the septic report denied us any discussions with the seller and denied us the opportunity to reconsider our offer. We are not looking  for a warranty, nor did we wait a nearly a year with three seasons of weather - he had not unearthed the lid the day I was physically with him. He refers to "our inspectors are instructed to rake back rock" - that was actually him. He told me he had arrived 5 minutes prior to me, and had already unearthed the lid to the tank. He pointed to a spot that he said he had unearthed and raked over. I noted the spot and documented where it was in my notes. He falsely reported our tank was a 1,000 gallon concrete tank 18 years of age. It was actually a 500 gallon steel tank in failure mode. (He reported the home at 18 years old, when actually it is 30 years old). He indicated in his report the Lid was in sound condition & securely fastened, which is false. He never saw the lid. He indicated a 2" sm - he would not have known that because the lid was not removed. The diverter was full of tree roots 9 months after his inspection. FULL of roots. [redacted] argues they all grew there after his inspection, we maintain had he opened the lid, he would have seen, and noted on his report. When the failure happened, I dug near the spot he stated, it was no where near where Mr. [redacted] stated it was.  The lid was finally located approx 13 feet from where he pointed and in the opposite direction. The home had been utilized 24 days in total during the 9 months from the inspection to the discovery. He did not show up when he agreed to when we phoned him in  May, nor did he return numerous phone calls. Instead, he waited until a year after the inspection to reply to us. It is unfathonable that an inspector (and owner of a company) can falsify documents, breach his own contract, and lie to the consumer as well as the Revdex.com.  We have been reasonable in our requests to Mr. [redacted], and have been open to ideas of a fair settlement for his breach of contract and negligence in our case. Please see attached photos, the inspection from Mr. [redacted], and our email correspondence. Thank you for your help in this matter.
Sincerely,
[redacted]