ComplaintsforTop Notch Home Inspection LLC

• Initial Complaint

  10/19/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Top Notch Home Inspection, located in Centralia, **, performed a home inspection on my property at *************************************************** 9/02/2022. During this inspection I was in the three bay garage when the inspector, *************** of Top Notch, physically tested the reverse function on the garage doors. He did this by using his considerable body strength to stop, and it appeared he also tried to reverse direction of, the descending garage doors. When the descending doors reached approximately his waist level he used his arms, shoulders and core strength to stop the metal panel doors. The doors shuddered and were stressed by application of undue force to prevent them from lowering. After what seemed to be a few seconds of this, he released pressure and the door(s) descended. The middle of the three doors descended but appeared to be warped. At the beginning of these "tests," I asked him what he was doing since it seemed irregular and potentially harmful. ************ responded he was "testing the safety reverse function" of the garage door openers. Since there were two inspectors in my house at the time, I then went inside to monitor the activity of the second inspector. I had previously moved out of the house and no one was living there at the time. After the inspection, I did not return to the home until five days later when I operated the middle bay garage door opener. The door began to rise, shuddered in the rails, twisted, grinded, the right most window (the door has five glass windows at the top) shattered, showering the garage and driveway with glass shards, and stopped midway up, with the top panel and head rail buckled. This was the very first time the door was operated after being "tested" by Top Notch. The door had always operated smoothly beforehand, to the extent I parked my best car in the middle bay. The garage door opener manufacturers clearly state you test the safety reverse function by letting the door strike a 2x4 board placed flat on ground

  Business response

  11/04/2022

  We have tested these garage doors the same way we have been testing garage doors for over 500 inspections.  The door in question already had damage to it before our reverse function test.  When testing the reverse function on garage door we do not apply pressure, we simply hold out a firm hand to see if the door will auto reverse.  This is a safety function and can be very dangerous if it is not operating properly.  After ******* presented his complaint to our company we reviewed all the data and met with him at the property to discuss the situation further. At that point he only wanted the top panel replaced, but that was a larger monetary compensation than what our company policy is to handle in house.  Company policy after that is turn in the complaint to our insurance company for them to review all the facts and make a determination.  Now that the claim is going through insurance he wants the entire door replaced. Since this matter has been turned over to our insurance company we can no longer have any communication with *******.

  Customer response

  11/04/2022

   
  Complaint: 18208458
  
  I am rejecting this response because:

  The response from Top Notch Home Inspections is unacceptable for several reasons:

  Irreversible damage to my garage door occurred as a result of Top Notch using improper, even dangerous, methods (this according to the garage door opener manufacturer, ****************** to inspect the reverse function their way.Both major garage door opener manufacturers (Genie and ***********/Lift Master) expressly and explicitly say in their operator manuals and videos that you test the opener reverse function by laying a 2x4 board flat on the ground. You do NOT grab the door at waist level as it is descending as Top Notch did.

  Questions for Top Notch: how do they perform the test now that a homeowner has reported and documented extensive damage to his door as a result of their misadvised testing procedure? Are they still testing the garage doors contrary to manufacturer guidance?These are questions either or I or my attorney will ask Top Notch if this case goes to court.

  According to Columbia Overhead Doors, ***********, **, and other expert/first-hand account witnesses (witness statements were furnished to all concerned parties), the entire door needs replacing because its structural integrity is compromised to the point of failure, due to the stress caused by the improper testing technique. This is also what the garage door opener manufacturer said would happen to a metal panel door if it was tested the way Top Notch did. The upper panel where the opener arm attaches has buckled. As far as the lower panels are concerned, I noticed no prior damage to those panels. The door worked perfectly prior to the test. After the Top Notch inspection, upon opening the door, the window glass shattered and the door buckled. Direct cause and result.

  With respect to Top Notch turning over the case to its insurance company, the company that contacted me is ************************* LLC (CCM), **********, **. CCM is a loss adjuster whose job it is to review the claim and minimize insurance claim payouts, if they cant find a way to deny the claim outright ******* the company, read the review(s) and make your own determination). No action has been taken six weeks after I furnished the following, requested/ extensive information to CCM on Sept 22, 2022:

  A written statement detailing the claims and an itemization of damages you are presenting against Top Notch Home Inspection, LLC.
  Color photographs documenting the conditions and claims you are presenting against Top Notch Home Inspection, LLC.
  Itemized estimates/invoices related to the damages claimed.
  A timeline of when the conditions/damages were discovered and if repairs were performed when said repairs were performed and by whom.
  Names and contact information for any person or entity with knowledge regarding this loss.
  If you have presented a homeowners insurance claim, please provide us with the name and contact information of the adjuster handling the claim.
  The seller disclosure form provided to you at the time of the purchase of your home; and
  Any other documentation/evidence to support your claims for damages against Top Notch Home Inspection, LLC.

  To my knowledge, the loss adjuster has done very little with this claim, other than ask me redundant questions about information already submitted to them, since I furnished the documentation above in September. The loss adjuster has had the above, complete information set relative to this claim for over the average ***** days it takes to settle a claim of this type, according to their claim manager, *************************************    I believe they are sitting on the claim until they can invent a way to deny it. Because the claim has been stalled at a loss adjuster for over even their own referenced average number of days to make a determination, I intend to file a claim in ***** County District Court next week.

  I will file suit to recover the costs I have incurred, including the costs of making temporary repairs, time spent seeking restitution, and legal fees.   I will also attempt to prove bad faith claims negotiation practice on the part of the defendant relative to having me provide the same information multiple times to, or receive questionable information from, the loss adjuster (e.g. I received several additional requests for information already submitted (creating a claims settlement rabbit hole for claimant to have to navigate) received demands to prove I wasnt the guilty party causing the damage;  was told by the adjuster that you know about damage exemptions for home inspections, dont you? which may be a misrepresentation of applicable law; etc).  Bad Faith negotiation practices in claims settlement actions are illegal.

  Reputable companies take responsibility for mistakes they make and damage they cause third parties.  I didnt invite Top Notch into my house, a prospective buyer did. I was obliged by the real estate selling process to allow them into my home.  Damage resulted as has been clearly and comprehensively documented with considerable evidence submitted.  Costs have been itemized.  I have spent a tremendous amount of time responding to this injury to my property.   Top Notch shunted the claim off to an insurance company where it was referred to a loss adjuster, where it remains on hold, pending an expected denial determination, actions directly contrary to the behavior expected of a company with integrity.        
  
  Sincerely,
  
  *******************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩