ComplaintsforSiteGuard Inspection Services

• Initial Complaint

  11/03/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I have received the Home Inspection Report regarding the inspection in 501 Tenison Lane, McKinney TX, XXXXX which was performed by SiteGuard's representative on Sep 7, 2022. I am the new owner of this property, and I'm writing to let you know that this inspection report is unsatisfactory because it omits certain essential information. I accompanied the inspector during his walk through, and he didn't point out several issues. After two weeks of moving into this house, I found a major water leak behind the kitchen sink in the backyard, water damage under the sink, and a big molded and rotten hole under the sink. Home inspection mold testing is an important step in the home buying process, as the presence of mold can cause lung infections, congestion, and other illnesses. Long exposure to mold can have even more serious side effects. I am very dismayed to find that there was no mention of mold and water leak damages in the report. I request compensation for all the unrevealed damages so I can make the repairs as soon as possible. My three children and I live in this property and I don't want to put my family in danger.

  Business response

  02/21/2023

  Business Response /* (1000, 7, 2022/11/18) */ To Whom It May Concern: Our company, SiteGuard Inspection Services was hired to perform a general home inspection at *** ******* ***** ********* ** XXXXX on Wednesday, September 7, 2022, for our then client, **** ******** as stated in her complaint. Ms. ******** and her Realtor were present for the onsite report review, as is customarily provided to each of our clients. This onsite report review provides the Client the opportunity to discuss and view their report findings with the Inspector and their Realtor, and to address any concerns regarding those findings. After the inspection is complete it is our policy to email a digital copy of the report to both the client and their realtor; Ms. ********'s report was email on Wednesday, September 7th at 5:21pm, and was recorded to have been viewed by her on the same day at 7:23pm. Our next communication with Ms. ******** did not take place until Tuesday, November 1, 2022 (56 days after the date of the inspection). During the call with our office Ms. ******** stated that she was upset and had moved into the property about 2 weeks prior to the call. Ms. ******** stated that there were several things that were wrong with the property and that should not have passed *********** our Office Manager informed Ms. ******** that a general home inspection in the state of Texas is not a pass ** fail scenario, but rather a conditionary report of how the property is performing on the day and time of the inspection. The Office Manager also informed Ms. ******** that due to the lack of being a licensed Inspector we could not discuss the report with her in detail, but that we would be happy to have the Inspector who performed the inspection call her to discuss her concerns. After the call ended with Ms. ******** the Office Manager called the Inspector who performed the inspection and requested that a call be made to Ms. ******** to discuss her concerns. After speaking with the Office Manager Ms. ******** received the Inspector's phone number from her realtor and proceeded to call the Inspector (we were informed by the Realtor that the Inspector's number was given to the client). The Inspector was currently at an appointment at the time that Ms. ******** called and requested that he be able to call her back; a return call was placed to Ms. ******** approximately an hour later. During which the Inspector discussed Ms. ********'s concerns regarding water damage under the kitchen sink. Ms. ******** stated that she dismantled the shelving and discovered mold. The Inspector informed Ms. ******** that it is outside the scope of a general home inspection (please see excerpt from inspection report, page 27 or 37) to dismantle items including but not limited to cabinets and shelving, and that based on the report findings there was no visible water damage or mold present during the inspection. At which point Ms. ******** stated that she was at a doctor's appointment and could no longer speak abruptly, ending the call. Notice: The Inspector has attempted to discover and report conditions requiring further evaluation or repair. However, determining the condition of any component that is not visible and/or accessible, such as plumbing components that are buried, beneath the foundation, located within construction voids or otherwise concealed, and reporting any deficiency that does not appear or become evident during our limited cursory and visual survey is outside the scope of this inspection. The inspector will not be able to anticipate future events, conditions or changes in performance of any component or system due to changes in use or occupancy. The inspector makes no guarantee or warranty, express or implied, as to future performance of any item, system or component. It was not until Saturday, November 12, 2022, that our company received a letter from the Better Business Bureau presenting us with a complaint from Ms. ********. Each client that hires SiteGuard Inspection Services to perform a general home inspection for them is explained to by our Client Care Team during scheduling what will take place during the home inspection process and is provided with a service agreement that states our limits of liability and requires an electronic signature. Ms. ******** was provided with both an explanation during scheduling and a service agreement. Ms. ******** signed said agreement on Tuesday, September 6, 2022, at approximately 12:08pm (which was 1day after scheduling of the inspection and 1 day prior to the inspection taking place); a copy of which has been provided in the attachments. In the service agreement there are certain sections that bring to light what an Inspector can and cannot do, and states that by signing the agreement that the client understands these things; some of these same statements can be found in the inspection report as well. Below are a few samplings of the service agreement copied verbatim to assist with the understanding of what a general home inspection covers. We have also included pictures that can be found in the original inspection report on page 18 of 37 and on page 31 of 37 showing under the kitchen sink on the day of the inspection which had no indication of moisture damage and/or the presence of mold. I. Scope of Services A. A real estate inspection is a non-technically exhaustive, limited visual survey and basic performance evaluation of the systems and components of a building using normal controls and does not require the use of specialized equipment or procedures. The purpose of the inspection is to provide the Client with information regarding the general condition of the Property at the time of C. The inspection is limited to those items which are easily accessible, seen, viewed or capable of being approached, entered and/or operated by the Inspector at the time of the inspection as set out in the Inspection. The Inspector will not climb over obstacles, move furnishings or large, heavy, or fragile objects, remove walls, floors, wall coverings, floor coverings and other obstructions in order to inspect concealed items. The inspector will not turn on decommissioned equipment, systems, utility services. Systems, components and conditions which are not specifically addressed in the Inspection Report are excluded. II. Inspection Report A. The Inspection Report provided by the Inspector will contain the Inspector's professional, good-faith opinions concerning the need for repair or replacement of certain observable items. All statements in the report are the Inspector's opinions and should not be construed as statements of fact or factual representations concerning the Property. By signing this Agreement, the Client understands that the services provided by the Inspector f all within the Professional Services Exemption of the Texas Deceptive Trade Practices Act ("DT PA") and agrees that no cause of action exists under the DT PA related to the services B. Unless specifically stated, the report WILL NOT INCLUDE and should not be read to indicate OPINIONS AS T O; 1. the presence, absence, or risk of environmental conditions such as asbestos, leadbased paint, MOLD, mildew, corrosive or contaminated drywall "Chinese Drywall" or any other environmental hazard, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or activity, poison, presence of toxic or hazardous waste or substances. 2. presence or absence of pests, termites, or other wooddestroying insects or organisms. 3. compliance with any ordinances, statutes or restrictions, code, listing, testing or protocol authority, utility sources, property association guidelines or requirements, manufacturer or regulatory requirements. 4. insurability, efficiency warrantability, suitability, adequacy, compatibility, capacity, durability, quality reliability, marketability, operating costs, recalls, counterfeit products, product lawsuits, age, energy efficiency; or 5. anticipate future life or future events or changes in performance of any item C. The Inspection Report is not a substitute for disclosures by sellers and real estate agents. Said disclosure statements should be carefully investigated for any material facts that may influence or effect the desirability and/or market value of the Property D. As noted above, the Inspection Report may state that further evaluation of certain items is needed by an expert in the field of the item inspected. By signing this Agreement, Client acknowledges that qualified experts may be needed to further evaluate such items as structural systems, foundations, grading, drainage, roofing, plumbing, electrical systems, HVAC, appliances, sprinkler systems pool system and components, fire/smoke detection systems, septic systems and other observable items as noted in the report. Any such follow-up should take place prior to the expiration of any time limitations such as option or warranty periods. III. Disclaimer of Warranties The inspector makes no guarantee or warranty, express or implied, as to any of the following: 1. That all defects have been found or that the Inspector will pay for repair of undisclosed defects. 2. That any of the items inspected are designed or constructed in a good and workmanlike manner. 3. That any of the items inspected will continue to perform in the future as they are performing at time of the inspection; and 4. That any of the items inspected are merchantable or fit for any particular purpose. IV. LIMIT AT ION OF LIABILITY BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES THAT THE INSPECTION FEE PAID TO THE INSPECTOR IS NOMINAL GIVEN THE RISK OF LIABILITY ASSOCIATED WITH PERFORMING HOME INSPECTIONS IF LIABILITY COULD NOT BE LIMITED. CLIENT ACKNOWLEDGES THAT WITHOUT THE ABILITY TO LIMIT LIABILITY, THE INSPECTOR WOULD BE FORCED TO CHARGE CLIENT MUCH MORE THAN THE INSPECTION FEE FOR THE INSPECTOR'S SERVICES. CLIENT ACKNOWLEDGES BEING GIVEN THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF HIS OR HER OWN CHOOSING AND FURTHER ACKNOWLEDGES THE OPPORTUNITY OF HIRING A DIFFERENT INSPECTOR TO PERFORM THE INSPECTION. BY SIGNING THIS AGREEMENT, CLIENT AGREES TO LIABILITY BEING LIMITED TO THE AMOUNT OF THE INSPECTION FEE PAID BY THE CLIENT. THE CLIENT HEREIN UNDERSTANDS THE INSPECTORS TOTAL LIMIT OF LIABILITY AS RELATED TO THIS PROPERTY IS $406.00 V. Dispute Resolution In the event a dispute arises regarding an inspection that has been performed under this agreement, the Client agrees to notify the Inspector within ten (10) days of the date the Client discovers the basis for the dispute so as to give the Inspector a reasonable opportunity to reinspect the property. Client agrees to allow reinspection before any corrective action is taken. Client agrees not to disturb or repair or have repaired anything which might constitute evidence relating to a complaint against the Inspector. Client further agrees that the Inspector can either conduct the reinspection himself or can employ others (at Inspector's expense) to reinspect the property, or both. In the event a dispute cannot be resolved by the Client and the Inspector, the parties agree that any dispute or controversy shall be resolved by mandatory and binding arbitration administered by the American Arbitration Association ("AAA") pursuant to Chapter 171 of the Texas Civil Practice & Remedies Code and in accordance with this arbitration agreement and the commercial arbitration rules of the AAA. BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT AND THAT THE INSPECTOR DID NOT COERCE, PRESSURE OR RUSH ME TO EXECUTE THIS CONTRACT WITHOUT OPPORTUNITY TO FULLY REVIEW THE CONTRACT AND IF NECESSARY HAVE THE CONTRACT REVIEWED BY AN ATTORNEY; THAT INSPECTOR AGREED TO RESCHEDULE THE INSPECTION IN THE EVENT I REQUIRED ADDITIONAL TIME TO REVIEW THE CONTRACT; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY. image.png image.png With the evidence that has been presented and based on our company policies and limits of liability it is the belief of our company that our actions did not warrant this complaint. Our company did try to provide assistance to Ms. ******** in the form of additional report discussion and tried to provide the names and numbers of additional business professionals that could assist her with her concerns; however due to the abrupt ending of the call with our Inspector on Ms. ********'s part we were unable to complete our assistance. All this being said, SiteGuard Inspection Services values its relationships with our client and Realtors alike and as such offers a 100% money back guarantee. At this time, we are willing to offer Ms. ******** her inspection fee of $406 back with the understanding that she signs a standard release form. We would like to thank the Better Business Bureau for allowing SiteGuard Inspection Services the opportunity to address Ms. ********'s complaint. We request that should the Better Business Bureau and Ms. ******** finds our offer to be an affable resolution that we receive a response to this letter by Thursday, December 1, 2022. If there are any questions or further explanation is needed for any comments made please let me know. Thank you for your time and consideration. Thank you, Tiffany **** Business Development Director SiteGuard Inspection Services XXX-XXX-XXXX *******@SGInspectionServices.com www.SGInspectionServices.com Consumer Response /* (3000, 9, 2022/11/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) To whom it may concern, I appreciate the report that was sent to me on 11/21/2022 7:05 AM. It is clear from the beginning of the report that the primary goal is to seek cover and minimize the responsibility in any way by the inspector of my home located at McKinney, TX XXXXX. It is very clear that I am not a professional inspector, nor have I ever been trained to identify specifics in the construction of a home with problems, related to age, structural damage. These conditions that are outside my purview of understanding. It is clear to me that the reason a potential homebuyer would hire an inspector is to utilize the specific information and knowledge of a person that is trained, experienced and skilled to determine if there is any underlying, structural damages to a home before closing. Otherwise, there is no need to pay someone to just look at the obvious during a paid inspection. I was assured that anything that could be surveyed as a potential defect would be identified. If the inspector of the home does not have the ability to determine if there is mold, leaks, structural damage, who is responsible for that? As a consumer, I am very disappointed that there seems to be only an abject goal to deny, cover up, and shift the responsibility from a person who is supposed to be a licensed trained, intelligent professional to someone like me, who has no knowledge of the basics for that particular industry. I am a computer Tech engineer by training and if I have been given a job to determine the appropriateness of a computer or design of a program, I must protect my client. My job is not only to consult, repair, design and be the expert for the customer, not become an adversary. Sir or Madam, at the end of the day, after less than a two weeks. I have been placed in this situation that is costly in repairs, highly at risk for my children and potential problematic areas that will be revealed later. I am requesting immediate reinspection of my home along with some level of responsibility on the behalf of the inspection company for the cost of repair. Otherwise, if I had known of all the defections, I would not have purchased the home. The intent of my situation and my complaint is to have a home that is safe for me, my children and have at least a chance to thrive in a safe place. Instead of a home that is filled with mold, leaks in areas and hidden problems. I have no one to support me as a single Mom with no knowledge of home construction or home repair? Instead, I am being chastised by the professionals paid to advise me because I am not trained to do their job. Enclosed are copies of the written invoices from the plumbers and home repair professionals. I request SiteGuard to pay the expense of the repairs, and a refund of the inspection fee of $406, otherwise, you give me no choice than to seek a legal remedy to this situation. Business Response /* (4000, 12, 2022/12/01) */ To Whom It May Concern: We appreciate that Ms. ******** responded in such a timely manner, despite the unfavorable nature of her response. We also understand and appreciate that this is a frustrating situation for her family and her. That being said, we stand by our previous statements, and by the service agreement that was signed by Ms. ******** stating she understood our limits of liability. We once again offer to reimburse her the full inspection fee of $406; at a time that is convenient for Ms. ******** please call our office at XXX-XXX-XXXX and ask to speak with our Office Manager. She will assist with processing the refund. Thank you for your time and consideration. Thank you, Mrs. ******* ****

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