[Altavia]

Originally Posted by Rainger99

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.

Same is true for home inspections.

If compliance is so complicated a licensed professional can miss a violation, how can homeowners be expected to know?

[spinner1001]

Originally Posted by retiredguy123

Typically, home inspectors have a clause in their inspection agreement that they are only liable for the cost of the inspection. But, some home inspectors will offer an optional additional liability protection to cover things that they may miss during the inspection up to a certain dollar limit. This optional protection will usually at least double the cost of the inspection.

Paying a home inspector for protection from what exactly?

Building defects? Deed compliance?

[JustSomeGuy]

Originally Posted by spinner1001

Right. And OP very likely does not want to pay a lawyer trying prove it in a court of law and with no guarantee of winning.

Poor selection of words on my part. Not in the legal decision. Selective enforcement is the term I should have used. Article is on the Florida Community Association Professional site. Search "Enforcing a Previously Unenforced Covenant, Restriction, or Rule and Regulation". Any individual can voluntarily give up any legal right they are entitled to. CDD would likely propose a confidential settlement prior to a final legal decision to avoid having the deed restriction that is being challenged determined to be invalid for the entire CDD.

[retiredguy123]

Originally Posted by spinner1001

Paying a home inspector for protection from what exactly?

Building defects? Deed compliance?

I think the money goes to an insurance company, not the inspector. I assume the policy is a type of "errors and omissions" policy that many professionals purchase to cover mistakes that they make.

[spinner1001]

Originally Posted by Altavia

Same is true for home inspections.

If compliance is so complicated a licensed professional can miss a violation, how can homeowners be expected to know?

No one expects homeowners to know but nevertheless home buyers bear that risk. No one else bears that risk for the property other than the homeowner.

[spinner1001]

Originally Posted by retiredguy123

I think the money goes to an insurance company, not the inspector. I assume the policy is a type of "errors and omissions" policy that many professionals purchase to cover mistakes that they make.

My question was what is covered by such protection offered by a home inspector, not who pays claims.

So what exactly is covered by that kind of protection?

[retiredguy123]

Originally Posted by spinner1001

My question was what is covered by such protection offered by a home inspector, not who pays claims.

So what exactly is covered by that kind of protection?

I have not read the policy offered by home inspectors, and I don't think many homeowners would purchase it. But, I assume that, if the inspector misses something that he/she should have detected, such as a non-functioning HVAC system, the policy may cover the repair cost. If you don't purchase the optional liability coverage, then you are agreeing to limit the inspector's liability to the cost of the inspection. Nevertheless, I think you could still try to hold the inspector liable for errors made.

[Rocket71]

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com

[spinner1001]

Originally Posted by retiredguy123

I have not read the policy offered by home inspectors, and I don't think many homeowners would purchase it. But, I assume that, if the inspector misses something that he/she should have detected, such as a non-functioning HVAC system, the policy may cover the repair cost. If you don't purchase the optional liability coverage, then you are agreeing to limit the inspector's liability to the cost of the inspection. Nevertheless, I think you could still try to hold the inspector liable for errors made.

I doubt any home inspectors here offer to give opinions on a property’s CDD deed compliance. If they don’t offer such services, a home inspector’s errors-and-omissions policy is not going to pay a homeowner for correcting deed violations.

I believe that you are talking about E&O policies for home inspectors making findings about home structure, mechanic systems, and home cosmetics. OP was talking about a home buyer getting assurance of deed compliance.

[spinner1001]

Originally Posted by Rocket71

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com

As you start your new business, be careful that you are not practicing law. (I am assuming you are not a Florida lawyer.) I suggest that you check it out.

You might start here:

Unlicensed Practice of Law and Accountants, Paralegals, and Out-of-State Lawyers

[retiredguy123]

Originally Posted by spinner1001

I doubt any home inspectors here offer to give opinions on a property’s CDD deed compliance. If they don’t offer such services, a home inspector’s errors-and-omissions policy is not going to pay a homeowner for correcting deed violations.

I believe that you are talking about E&O policies for home inspectors making findings about home structure, mechanic systems, and home cosmetics. OP was talking about a home buyer getting assurance of deed compliance.

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

[retiredguy123]

Originally Posted by Rocket71

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com

Note that home inspection is a specific license type in Florida that requires a state license. If you don't plan to get a home inspector certification and license, I would suggest that you make sure that you are not violating any state licensing laws.

[spinner1001]

Originally Posted by retiredguy123

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

I used a local, well-know home inspector for an inspection of a new-build just after the time of closing and one at 11 months after closing. His contract for both inspections says the scope of his services is:

"The scope of the inspection and report is a limited visual inspection of the general systems and components of the building / home to identify any system or component listed in the report which may be in need of immediate major repair. The inspection will be performed in compliance with generally accepted ASHI standards of practice, a copy of which is available at Page not found | American Society of Home Inspectors, ASHI or upon request."

At least for inspections in his standard home inspection contract, he is not contracting to inspect and report on deed restrictions and compliance.

That contract explicitly excludes inspecting "building code or zoning ordinance violations". I believe the intent of this clause covers exclusion of CDD compliance.

I expect that if you tried to negotiate an expansion of the home inspector's services so his scope included inspection of deed compliance, he would not agree.

I also expect that any E&O policy that this home inspector might have covers only his scope of services and the policy would not include covering claims by a homeowner fixing deed violations, which are outside the agreed scope of services.

[Topspinmo]

Originally Posted by Babubhat

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it

Good luck buying house..

[spinner1001]

Originally Posted by retiredguy123

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

By the way, most home inspections around here are done after a buyer has bought the property. A check for deed compliance ought to be done before closing, not after.