ComplaintsforFirst Choice Home Inspection, LLC

• Initial Complaint

  01/18/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Home inspection did not notice missing subfloor below heat vent. Did not notice rotted/missing floor around heat vent. heat vent is in the floor and opened without tools. Did not notice missing wood/support under shower stall. Missed disconnected heat duct on two vents. Floor is a major safety issue.

  Business response

  03/01/2022

  Business Response /* (1000, 5, 2022/01/22) */ I performed 3 inspections for *** ****** and his family. His complaint is in regards to 3rd inspection. I have included all 3 inspection reports here for the oversight board to peruse. I have also attached the New Hampshire Standards of Practice for Home Inspectors. In the NH Standards and Practice, a home inspection is defined as the following: "Home inspection" means the process by which an inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with these standards of practice. The word "visually" is a good starting point for this discussion. I begin every one of my inspections by informing my clients that I do as much as I can from a "visual" standpoint. This statement means that I am not able to see through walls or floors. Furthermore, our licenses discourage us from conjecturing about what "might" be unseen. In fact, we are admonished for offering our opinions and/or talking about what is unseen. The NH Standards of Practice define a home inspector as: "Inspector" means a person hired to examine any system or component of a building in accordance with these standards of practice. We are not inspecting a home as an electrician, plumber, or contractor. Therefore, we are constrained to simply doing a general inspection of the property. If we note an issue or a potential issue, we are only able to refer the matter to a higher authority - i.e. an electrician, a plumber, or a general contractor, etc. Furthermore, if an area of the home is not accessible or is blocked from view, we are encouraged to note the condition in the inspection report according to the following parameters taken directly from the NH Standards of Practice: "Readily accessible" means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, use of a ladder, or any action which will likely involve risk to persons or property. I noted in the inspection report that is the subject of this complaint, that I was unable to properly view the underside of the mobile home. There was typical mobile home vinyl skirting located around the entire perimeter of the home (as is typical). The main function of the skirting is to prevent animals and pests from living under the home and penetrating up into the home. The skirting is often difficult to open and can become brittle over time, and can be easily damaged if not handled carefully. Someone had actually gone through the trouble of installing insulation board all around the entire length of the home behind the skirting. This additional layer of thermal protection made accessing the underside of the mobile home even more difficult. And I noted that condition in the inspection report. It made inspecting the underside of the mobile home difficult to impossible during the home inspection. In the New Hampshire Standards of Practice, a scenario such as the one I just noted is referred to as such: "Technically exhaustive" means an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. We can not dismantle anything during the course of the time frame of a home inspection, especially if we suspect that we may not be able to reconstruct the component. Furthermore, we are able as Home Inspectors to make judgment calls about potentially unsafe conditions that prevent a home inspector from inspecting a component or a part of the home. The New Hampshire Standards of Practice establish the following guidelines: "Unsafe" means a condition in a readily accessible, installed system or component that is judged to be a significant risk of bodily injury during normal, day-to-day use caused by damage, deterioration, improper installation, or a change in accepted residential construction standards. The following sections are taken directly from the New Hampshire Standards of Practice for Home Inspectors: Home inspectors shall not have to enter: (1) Any area that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components; and (2) Attics and under-floor crawl spaces which are not readily accessible. I typically would not have climbed onto the roof in the condition that I found the roof at 7 Page Street, Plymouth, NH. The roof was entirely (completely) covered with a layer of pine needles. In some places, the needles were stacked more than 6 inches tall. Knowing that the house was constructed in 1982, I wanted to verify the condition of the shingles. Despite the potential danger to myself and my well being, I climbed onto the roof of the home off my ladder and proceeded to clear off several large areas of the pine needles in an attempt to view the roof covering. I discovered that the roof covering - comprised of asphalt Architectural Shingles, was expired. These types of shingles have a typical useful life expectancy of 30 - 35 years. So if I had not climbed up onto the roof; if I had not cleared off the pine needles by hand, then I would not have discovered that the roof was completely expired. I could have constrained myself to the New Hampshire Standards of Practice and simply reported that the roof was "Unsafe" to walk upon and that it would have been "Technically Exhaustive" to clear the pine needles off of the roof. I have confirmed that the expired roof was negotiated off the listing price at the cost of $5,000. The client wants the $400 that was charged for the inspection to be refunded. We saved Mr. ****** 12x the cost of what we charged him for the inspection. Here is another excerpt from the New Hampshire Standards of Practice for Home Inspectors: Home inspectors shall not be required to: (1) Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components; (2) Use a ladder; (3) Describe or report on any system or component that is not included in these standards and was not inspected; (4) Move personal property, furniture, equipment, plants, soil, snow, ice, or debris; (5) Dismantle any system or component, except as explicitly required by Home 600; (6) Walk on roofs; and (7) Operate sump pumps. The actual complaint filed by Mr. ****** with the Better Business Bureau is as follows: Home inspection did not notice missing sub floor below heat vent. Did not notice rotted/missing floor around heat vent. heat vent is in the floor and opened without tools. Did not notice missing wood/support under shower stall. Missed disconnected heat duct on two vents. Floor is a major safety issue. Home Inspectors are not required to open vents and/or dismantle components during the course of the time frame of a home inspection. I literally would have had to dismantle the shower enclosure in order to find that the sub floor beneath the shower had been removed. Incidentally, the sub floor is typically removed to allow for the plumbing drains, etc. And as previously stated, the underside of the home was mostly inaccessible. And the very nature of a mobile home prevents a proper inspection of the floor structure under the home. There is a vapor barrier that is installed beneath all mobile homes - the main purpose of which is to hold the insulation in place and to prevent pests from disturbing the insulation. The vapor barrier completely obscures the underside of the mobile home. Please see the inspection reports that I have attached here as well. I have also attached the New Hampshire Standards of Practice for Home Inspectors as previously noted. The first inspection that I conducted for *** ****** was literally one of the worst homes that I have ever inspected. Thankfully, the inspection report speaks to the horrendous condition of the home. I did not tell the client to purchase either of the homes. That is not the function of a home inspector. Any additional questions by the oversight board can be directed to myself, ******* M******, Home Inspector in good standing license # *** and HUD Consultant in good standing license # **** at the following cell phone number: ***-***-****. Thank you for your time and consideration. Consumer Response /* (3000, 7, 2022/01/24) */ (The consumer indicated he/she DID NOT accept the response from the business.) No vapor barrier or insulation. Open skirt, open eyes. No going all the way under. Business Response /* (4000, 9, 2022/01/25) */ I stand by what I sent in the 1st response. All the information was provided. Sincerely, Mike M******

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