3-D (Digital Disclosure Documentation) Reduce Your Legal Liability

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Inspector's Use 3-D Technology to Reduce Legal Liability. (Digital Disclosure Documentation 3-D)
Gives Inspector's New Hope and Less Liability

3-D Technology is Quickly Becoming the Inspector's Weapon of Choice!

I have interviewed many educators and inspectors in the Indoor Air Quality (IAQ) industry about the ever-increasing Legal Liability issues they are exposed to. They all agree that legal liability risks were quickly becoming the #1 concern throughout the industry. I asked if anything could be done? Basically, they said, "it's part of doing business... it comes with the territory!" Well I thought, that can't be an acceptable answer and then to even consider compromising ones' business integrity just isn't a choice... there had to be a way to substantially lower the liability risk factor - "Errors and Omissions.".

After several years of digital documentation experience with an attorney and also providing [personal possession] video recording for insurance identification purposes, I realized, "Why don't we simply use this same technology during all Inspections?" The answers were not quite what I was expecting. Some felt that that the concept might border being illegal or unethical and many suggested that it probably wouldn't receive many referrals from Real Estate agents!

They were right (back then)... as the loudest outcry did come from the Real Estate Industry... and for obvious [economic] reasons.

So the answer became quite simple... Digital Disclosure Documentation was born! I would utilize the same technology I had for the past several years... and I proposed that all Inspector's and Assessor's can easily follow the same protocol. The concern then became... "what if it was edited?" The answer is simple, do not edit the original footage. You can edit to shorten or cut out unnecessary footage, but always keep the original and document all editing! This concept works well for all parties, the client, the archives and the court system. As long as you document why editing was performed and always keep the original raw footage, you will have integrity on your side!

If questions are ever presented after the inspection or legal action forthcoming, simply have the full digital disclosure documentation exhibited as verification and proof (and not some twisted or distorted interpretation as would usually occur) referencing how and what was truthfully inspected, and what was actually edited and why?

SIMPLE TOOLS OF THE TRADE FOR UNDER $700

Minimum Source for support, but a good tool for your personal recall.

Digital Voice Recorders (the minimal requirement - and would be the least protective). They work well for taking verbal notes of location and situations that may be too involved to write down. A Digital Camera and/or Camcorder is just as easily available and very affordable. It is essential when you require documentation. All Home Inspectors, Mold Inspectors and Environmental Inspector's can and should provide 3D Digital Disclosure Documentation with each inspection.

The digital voice recorder should be considered the minimum form of documentation you would consider. It's always best to have photos or a full audio/video documentation.

You can easily purchase a digital camera that allows you to add voice to your pictures for under $200.00.

You must provide the following:

Date & Time of Inspection
Weather Conditions, temp and %RH at a minimum.
Full Purpose of Inspection: Residential, Commercial, Institutional or Industrial... And, specific concern: Sick Building Syndrome, Investigative Indoor Air Quality test, Allergen and/or Mold Particulate test, Asbestos etc.
Full Contact Information of Client Requesting The Inspection (Name, Address, Phone, Cell, Pager and any additional information available). Always get as much as possible.
Location of Inspection - (Full address and any additional information you can obtain, i.e., Homeowners name, Real Estate Agents Name, Tenants Name etc.)

Camcorders provide an exact accounting of your interaction and inspection. A very functional unit would cost under: $600.00.

Full and Complete Details of the "Entire Inspection." Complete directional details of any suspected conditions (NW -facing wall below window sill - Bdrm #1-1stFl etc.). You can never place too many descriptive words and information, as this is precisely where the liability starts (errors and omissions). If you're EVER in doubt about any portion of your inspection, SAY SO, and recommend that a further evaluation/inspection be made by a certified or professional that is knowledgeable in the specific area in doubt i.e.; HVAC Contractor, Electrical Contractor, Foundation Contractor etc. This is where (perhaps) the greatest number of lawsuits occur... if you do not know, say so! It's not a crime to not know everything, but it certainly is a crime to act or imply that you do - when you don't!
Always have your contract or survey review accepted by your client and ASK your client if they fully and completely understand the Inspection Overview. Next... have them initial your survey or form at the bottom (of each page) to further insure their acknowledgement that they have read and understand the content. This entire procedure should be recorded (if agreeable)... if not, you might be held responsible as it would be your word against the homeowners. This is a critical consideration... think about it carefully.

They should (at a minimum) verbally accept your review, or, you should either review it until all questions are explained or you must terminate the survey or inspection.

If you have a video film of your presentation, review, and assessment/inspection, you will greatly eliminate any liability that may occur. You will positively insure to the court that you did make all attempts to define, clarify, and insure that the client was fully and completely aware of the work and procedures etc.

No longer should Professional Inspectors have to cater or cower to Real Estate brokers and agents to get work. Let's be honest... When a real estate broker or agent makes their formal contact with the interested seller, they go to greet the owner or owners, preview the property and do a full walk-through and... yes, they 'inspect' the property... that they're going to list. They have a chance to meet the owners and discuss the features of the property, the good features and the not so good features. They do this because it's required and they need to sound and appear to be knowledgeable so they aren't blind-sided later by interested buyers..

So let's take an example: Mold - I don't know (of one) real estate professional that does not know that Mold is an issue... and that it does exist... not one! But mention mold, and most will take (at minimum) a totally neutral posture. Many will say, it's no big deal, they do not have any medical proof that it's bad for you... we usually just tell our clients to clean it up or have it cleaned and painted. "Just take a little bleach on a sponge and wipe it off." Others have actually said, "I tell my clients to simply paint over it, that'll stop it from growing." When I mention that painting over it does not stop it, and usually, in a relatively short period of time the paint will begin to peal off... they get that "Where Are You Going With This Conversation" look!

I mention the seriousness of Allergies, Asthma and Biological Contaminants (which mold is) and they absolutely do not want to further the discussion.

They'd rather place their commission and/or relationship that they've developed with the owner above the truth and hide behind the veil of ignorance, lack of education or knowledge, instead of addressing the potential health effects of the existing or new owners. They leave anything to do with mold issues up to the Professional Inspector, after all, if they made any comments they could as easily be "Liable".

Well, if you have eyes and a nose, you also can see or smell musty moldy odors or mold colonization. It's fairly simple to ask the owner if they've ever had any water problems in the property over the past 5 years, or for as long as they've owned it. If they had, then its just as easy and (required) for the real estate person to ask, was the problem fixed? Was there any water damage? Was there any mold? These are simple and (today) required questions to ask. Once the disclosure has been made, it is up to the real estate agent to ask to see how well it was fixed or not.

Finally, on January 1, 2004, it became LAW in OHIO that Mold (moisture damage) must be disclosed on the 'New' Real Estate Seller's Disclosure Agreement.