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Granted, I have only been through a few inspection, but I have never seen any inspector open every window, Apparently I must keep picking the crappy inspectors.
I would probably try to get some more information from the seller at this point, But I don't see an inspector giving you money to fix some windows. Just my opinion though...
You have not seen my inspections! Sellers and their Real Estate Agents don't care for me much. If I can get at it, detect it, test it, smell it, taste it, feel it, climb it, walk it, then I'm there! My reports are very comprehensive.
Murphy's Law says it is the window you don't check, the outlet not tested, the attic not walked, etc., that contains the issue the client needs to know about.
Notice my last sentence there and specifically "if they were inspecting the home as per the WA State required SOP". That leads to the following questions:
Did your Inspector/Engineer represent themselves as a WA State Licensed Home Inspector? Do they have a license number, etc?
If yes to #1 then were you provided the required contract that clearly describes what they will and will not inspect? Keep in mind I could find no allowance in the Laws/Rules where an Inspector could contract with you to inspect less than the WA State minimums in the SOP.
If the answer to #1 is no, then what type of Engineering degree does this person hold? Are they properly licensed by WA State as an Engineer? Keep in mind here too that a Licensed Structural Engineer working in the capacity of their license is not necessarily a licensed Electrical Engineer as well. If they hold no special Electrical, or Electrical Engineering license then potentially they have worked outside of the scope of their license. You would need to ask this of the States Engineering Licensure Board.
If the answer to #1 is no then did the Engineer provide you with a Engineering stamp/seal/or other state required indication on the report indicating the home was inspected by a licensed Engineer?
THANK YOU, escanlan!! This is EXTREMELY helpful, and I definitely did not expect anyone to go into such depth on the topic... so I am very grateful for your time and energy on this.
To reply to your questions: Our inspector is a licensed Civil Engineer with the state of WA. His company's website states that in WA, there is no registration or licensing for home inspectors, but that he is a licensed Professional Engineer trained to inspect homes. I was given a contract before he inspected our home, stating:
"STANDARD HOME INSPECTION: A limited visual inspection to identify significant deficiencies and/or repairs needed in the major systems (structure, heating, air conditioning, plumbing, electrical, roof, exterior, interior, insulation, ventilation, fireplaces and stoves, site, attached garages or carports) as well as provide a general understanding of the property. This is a limited inspection based on visible evidence readily available during the inspection (without moving furnishings, removing finishes, etc.) and is the opinion of the engineer performing the inspection. Our maximum liability for loss suffered by the CLIENT due to any cause is limited to our inspection fee."
Sorry, answer to #4: I am not sure what such a stamp would look like... the only evidence I found that might be relevant was a full page dedicated to his professional qualifications and experience (education, professional affiliations). His professional affiliations include "National Academy of Building Inspectors" and "Board Certified Building Inspection Engineer", as well as "Structural Pest Inspector" as certified by WA state. Not sure what those things mean.
He also provides his WSDA Inspection Control Number, and WSDA PI License Number, is that of any relevance?... but this was not provided earlier in the report, strangely...
[/list]THANK YOU, escanlan!! This is EXTREMELY helpful, and I definitely did not expect anyone to go into such depth on the topic... so I am very grateful for your time and energy on this.
To reply to your questions: Our inspector is a licensed Civil Engineer with the state of WA. His company's website states that in WA, there is no registration or licensing for home inspectors, but that he is a licensed Professional Engineer trained to inspect homes. I was given a contract before he inspected our home, stating:
"STANDARD HOME INSPECTION: A limited visual inspection to identify significant deficiencies and/or repairs needed in the major systems (structure, heating, air conditioning, plumbing, electrical, roof, exterior, interior, insulation, ventilation, fireplaces and stoves, site, attached garages or carports) as well as provide a general understanding of the property. This is a limited inspection based on visible evidence readily available during the inspection (without moving furnishings, removing finishes, etc.) and is the opinion of the engineer performing the inspection. Our maximum liability for loss suffered by the CLIENT due to any cause is limited to our inspection fee."
Does this help?
Hello caravan,
According to the WA State site (WA State Licensing: How to get a home inspector license) mandatory licensing appeared to have started on 1 Sept. 2009. At that time any Inspector that did not apply for Grandfathering of their training and prior experience are required to take specific actions by 1 July 2010 to allow them to be properly licensed.
A Civil Engineer is a generalist of sorts. They study a variety of topics to include roads and bridges, soils, structures, and other public works areas. Then they generally take specialized courses either prior to or during employment to cover the knowledge they need for their jobs. Their Engineering/Initial Licensing studies are broad and do encompass a lot of topics.
The key to your answer might well be in the contract phrase:
Quote:
A limited visual inspectionto identify significant deficiencies and/or repairs needed in the major systems
Another consideration is that the Engineer is potentially acting within their training and not under a WA State HI License. As an Engineer with specific qualifications to perform a whole home inspection then he is most likely excercising the exemption to licensing I pointed out before. At that point there are no real rules that he must follow, unlike a licensed HI.
In the phrase above there are two undefined items:
What is meant by "limited"? This is a very generic phrase that can change from one job to another without being defined.
What are "significant deficiencies and/or repairs"? Even here some Inspectors call significant anything over $1000 to repair or replace. This too is something that can change from one job to the next depending on need.
Unfortunately with the information above (and your next post I already read) then you could be banging your head against the wall trying to obtain remuneration for any missed items. If the cost to repair is small, and there are no other significant items of concern, it might just be less aggravation to pay out to have it repaired.
Take a look inside your window frames, many times in the tracks, and there might still be a manufacturers identification sticker of some type. A lot of times it might be a thin sticker with a lot of cryptic numbering and abbreviations on it. If you can not find a manufacturers name then try this WEB site, it is the National Fenestration Rating Council. They have a huge directory of rated windows and the numbers on the thin tags (or other tags) might lead you to the manufacturer. NFRC - NFRC Certified Products Directory. There might also be a lot number on the sticker that the manufacturer can tell who they shipped the window to which possibly also installed them.
You just answered your own question. Your contract states that the inspector is only liable for the amount of the fee.
I'm aware of that... I'm not looking to get the full amount of the window installation from the guy. I just want to know what my options are. If my only option is to get the $450 of the fee to go towards the window, that's fine with me. Maybe that will be enough, who knows?
However, I can't really have it re-installed if I don't know who installed it in the first place, and whether or not a warranty still covers it? I don't know why a former owner would be scared off by this question--it either has a warranty or it doesn't, right?... or am I missing something.
Keep in mind that the sellers who have moved to a new place may have said "Oh, the paperwork for the windows is in a box in the attic" or something and have it on their radar to hunt it down and get back to you.
Odd that they wouldn't say "We'll look and let you know" but they may be settling in elsewhere as well. Not sure how long ago you emailed them but you could always send them another email and start it with something like "I have been having some problems with my internet connection and you may not have gotten my previous email...."
Unfortunately with the information above (and your next post I already read) then you could be banging your head against the wall trying to obtain remuneration for any missed items. If the cost to repair is small, and there are no other significant items of concern, it might just be less aggravation to pay out to have it repaired.
Thank you again, escanlan, for a VERY helpful post. And yes, if this is the case, then that's fine... I'm not interested in banging my head against the wall trying to get every nickel and dime out of the inspector. We bought the house knowing as much as we could about it, so obviously I realize there are going to be LOTS of things that come up... it just seems like basic window operation would be one of those things noted by the inspector, that's all. And you're right, there was something in the contract about things that cost more than $1000 to fix... so maybe windows fall below that margin, in his opinion?
Quote:
Originally Posted by escanlan
Take a look inside your window frames, many times in the tracks, and there might still be a manufacturers identification sticker of some type. A lot of times it might be a thin sticker with a lot of cryptic numbering and abbreviations on it. If you can not find a manufacturers name then try this WEB site, it is the National Fenestration Rating Council. They have a huge directory of rated windows and the numbers on the thin tags (or other tags) might lead you to the manufacturer. NFRC - NFRC Certified Products Directory. There might also be a lot number on the sticker that the manufacturer can tell who they shipped the window to which possibly also installed them.
This is extremely helpful information, probably the best advice I have received so far on this thread. Especially if the sellers decide to totally ignore my e-mail, which they appear to be doing... sigh. Let's hope our windows do have this sticker, since at the very least I would like to know what brand the windows are!!
Keep in mind that the sellers who have moved to a new place may have said "Oh, the paperwork for the windows is in a box in the attic" or something and have it on their radar to hunt it down and get back to you.
Odd that they wouldn't say "We'll look and let you know" but they may be settling in elsewhere as well. Not sure how long ago you emailed them but you could always send them another email and start it with something like "I have been having some problems with my internet connection and you may not have gotten my previous email...."
Right, and I totally understand if that's their situation--it's just that even in the middle of their move-out week (2 months ago), they still had time to respond to a lengthy e-mail of mine about the house on the same day--even when I said to please take their time, I know they're busy. So that's why it's just a bit odd, but I'm trying not to jump to conclusions just yet. It just makes me a little nervous... since they are the types who WOULD say, "We'll look and let you know."
And yep, I am well-acquainted with the "wondering if my e-mail didn't reach you, my internet is funky" e-mail... have used it numerous times in situations where I wanted to give the recipient the benefit of the doubt.
You just answered your own question. Your contract states that the inspector is only liable for the amount of the fee.
There is an interesting legal precedent that has been established that pretty much kills any attempt to limit a service providers liability. It is the concept of "Disparate bargaining power" and has been used successfully a number of times around the country. If you Google the term above you can find a description of it.
I don't bother to add a limit of liability clause in my contracts because I just don't need it. The only one getting pi$$ed off at me are the sellers and Real Estate Agents/Brokers. I treat my clients like platinum!
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And yes, if this is the case, then that's fine... I'm not interested in banging my head against the wall trying to get every nickel and dime out of the inspector. We bought the house knowing as much as we could about it, so obviously I realize there are going to be LOTS of things that come up... it just seems like basic window operation would be one of those things noted by the inspector, that's all. And you're right, there was something in the contract about things that cost more than $1000 to fix... so maybe windows fall below that margin, in his opinion? 
