“I exceed the Standard of Practice”. Many inspectors make this statement all the time. Many put it in their brochures and on their website. But, what exactly do they mean? What measure can anyone apply, with any degree of certainty, to gauge what can be expected of an inspector who “exceeds the standard of practice”?

I suppose it can mean that whatever the SOP dictates is a minimum inspection standard is enhanced. Okay, I’ll buy that. But, now comes the next logical question: is everything in the SOP exceeded, or only certain things and how far will the inspector go beyond the minimum? Am I guaranteed that what the inspector did on his last two inspections will also be done on mine? How can one guarantee that the inspector exceeds the SOP in all cases, uniformly, and on every property?

The problem is that you can’t. A Standard of Practice is called a Standard of Practice for a reason; it creates a standard. Once that standard is “exceeded”, the dynamics and expectations between Client and Inspector are automatically changed. Beyond that, the inspector needs to be careful that he or she has not raised the expectations of the client beyond what can be reasonably delivered. Where the specter of professional liability becomes an issue, these expectations, in conjunction with the inspector’s process, can come back to haunt you.

Let’s say you “exceed” the SOP during the inspection of a forced warm-air heating system. Instead of simply removing the panel covers, you decide to unscrew the flame shield to get a better view of the burners and heat exchanger. You tell the client you are doing this for a specific reason. You use your mirror, flashlight, and boroscope. You find nothing. The client moves into the home and on the first cold night, their carbon monoxide detectors starting to wail. The fire company and gas company come to the home, and discover that the home is filled with carbon monoxide, apparently emanating from the heating system. A specialist is called and discovers a crack in the exchanger. The system requires replacement, and the client wants to know what you are going to do about it. You feel that you are in the clear. You get sued. Now, your inspection process gets called into question, because you claim to have exceeded the standard of practice. In fact, you were specifically chosen over all other inspectors in your area, because you boast that you exceed the SOP. Your processes have no parameters. Your processes have not been revealed to the client. All they know is that you unscrewed something, claiming to be able to get a better view. You used a "whatchamacallit" to enable you to see things that other inspectors can’t see. Yet, you still didn’t find the problem. It’s going to be a tough call to go back to the very standard you ignored as a defense, by saying “I didn’t have to do what I did, because the standard says so”. The fact of the matter is that you chose to throw the SOP out the window as a means of marketing; remember, you tell everyone how you “exceed” the standards.

The problem becomes one of undefined boundaries. How far are you expected to go? You have failed to accurately set the client’s expectations. They now expect you to exceed. So, please exceed…

Think of the former co-worker that told tales of weekend conquests; whether it be hiking, or a date, or some massive project around the house. Then think about what you thought when it was discovered that the conquest wasn’t exactly as real as depicted. Or the sale at the local department store, where the words “while supplies last” is in the fine print. You go to purchase the item only to find out that there were two in stock that sold out as soon as the store opened. The person or organization claiming something that, while technically correct, turns out to be a load of bunk quickly gets the reputation of being a liar.

For home inspectors, this can be the difference between losing and prevailing in a lawsuit. When determining professional liability, one needs to examine the benchmark, or parameters, by which the inspection was performed; that benchmark is the SOP. When you veer too far outside of those parameters, you are in undiscovered territory. Instead of being black and white, shades of gray become areas for close examination. Where process becomes the issue, it becomes vital that those processes are documented and available. Process needs to be defensible, consistent, and expectations need to be correctly set.

By Joe Farsetta
Inspection Arbitration Services