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Dallas, TX
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Chicago, IL
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 TX Court of Appeals Finds in Favor of Inspector
[#2] Posted: 01/06/2012 - 08:27:54 AM |  |  |
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Interesting.
I'm not sure justice was served, though......although it's hard to say without seeing all of it first hand.
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Kurt in Chicago
"If I smell it, it goes in the report".............Phillip Smith...2012
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Dallas, TX
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TX Court of Appeals Finds in Favor of Inspector
[#3] Posted: 01/06/2012 - 08:36:55 AM | | |
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I was just chatting with another TX inspector about this and without seeing the report, not having been there, knowing more particulars it is not wise to "opine" about precisely what the inspector did or did not do OR should have done.
The 'win' (if it can be called such) are the comments about the appeals court stating the DTPA act is not a valid path for such a suit.
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Cheers,
Nolan E. Kienitz
Nolan's Inspections, LLC
Dallas Home Inspections
http://www.NolansInspections.com
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Chicago, IL
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TX Court of Appeals Finds in Favor of Inspector
[#4] Posted: 01/06/2012 - 08:50:11 AM | | |
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I understand.
There's a lot going on there; without seeing the report, who knows?
I'm also curious how anyone can make a judgment as to how long water stains have been present; the second guy in was making a lot of comments that would be hard to prove.
Lots of opinions.
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Kurt in Chicago
"If I smell it, it goes in the report".............Phillip Smith...2012
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Lafayette, Louisiana
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Gaston, Oregon
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TX Court of Appeals Finds in Favor of Inspector
[#6] Posted: 01/06/2012 - 2:54:23 PM | | |
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Well, it's going to go back to a new trial where the plaintiff sues under a different legal theory - probably negligence.
Seems like suing him under the DTP was a poor call on the part of the plaintiff's lawyer.
I don't know about that part of Texas, but across large parts of the American West there are times of year when a small bit of deduction could tell you if a roof leak stain were more than 12 months old.
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Jim Katen, Oregon
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Chicago, IL
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TX Court of Appeals Finds in Favor of Inspector
[#7] Posted: 01/06/2012 - 3:51:02 PM | | |
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I suppose.....but, you're the sort of person that could deduce it correctly due to your experience.
I don't think there's any credible reference that would indicate how long a stain was present. IOW, it's a highly personal analysis.
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Kurt in Chicago
"If I smell it, it goes in the report".............Phillip Smith...2012
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Gaston, Oregon
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Dallas, TX
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TX Court of Appeals Finds in Favor of Inspector
[#9] Posted: 01/06/2012 - 5:28:30 PM | | |
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And then there is this link (posted below) about the current Texas drought.
However ... the drought is current.
The complaint is 'aged'.
Texas Drought
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Cheers,
Nolan E. Kienitz
Nolan's Inspections, LLC
Dallas Home Inspections
http://www.NolansInspections.com
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Gaston, Oregon
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TX Court of Appeals Finds in Favor of Inspector
[#10] Posted: 01/06/2012 - 5:51:06 PM | | |
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So does this mean that inspectors in TX have carte blanche to be deceptive?
Can an inspector exaggerate or invent his qualifications without any risk of recourse?
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Jim Katen, Oregon
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Chicago, IL
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TX Court of Appeals Finds in Favor of Inspector
[#12] Posted: 01/07/2012 - 06:45:57 AM | | |
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Quote: Originally posted by ghentjrQuote: Originally posted by Jim Katen
Can an inspector exaggerate or invent his qualifications without any risk of recourse?
That happens all the time, doesn't it?
It's the foundation for our professional societies.
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Kurt in Chicago
"If I smell it, it goes in the report".............Phillip Smith...2012
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Anytown, Ca
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TX Court of Appeals Finds in Favor of Inspector
[#13] Posted: 01/25/2012 - 09:51:02 AM | | |
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I don't know the specifics of the case but most people don't realize how mold can be toxic and create damage beyond belief. The housing market is saturated with foreclosure and there's not a single person assigned by the title holder to ensure these properties aren't protected against water damage be it a broken water pipe or a leaky roof. The housing market isn't going to be in a slump forever and these homes will soon be occupied. The individuals who hire an home inspector who views mold as an inconvenience as opposed to a health hazard will give the new home owner a false sense of security and the home owner will suffer long term health effects due to the home inspectors ill conceived belief mold is everywhere therefore it can't be hazardous. Mold is a toxic it can cause health issues and if not addressed immediatly it can even cause death. Please take the time to educate yourself on the effects of mold exposure and Sick Building Syndrome (SBS)
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Rochester, New York
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TX Court of Appeals Finds in Favor of Inspector
[#14] Posted: 01/25/2012 - 10:30:45 AM | | |
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If anyone cares, I locked Tug's profile. I have little to no tolerance for ad hominem arguments presented with little to no basis in fact by an anonymous poster.
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Chad Fabry
StructureSmart Home Inspection Rochester, NY
www.structuresmart.com
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Collins, NY
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TX Court of Appeals Finds in Favor of Inspector
[#15] Posted: 01/25/2012 - 10:53:04 AM | | |
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Thank you.
Just for fun, I ran some of his blather through the Fog and got a low of 12.07 and a high of 18.64. Apparently the lack of punctuation skews the results a bit.
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Tom
http://clearcreekhomeinspection.com/
Life is tough enough as it is, it's tougher when your stupid. Don't do stupid things.
Dr Joe Lstiburek |
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Chicago, IL
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TX Court of Appeals Finds in Favor of Inspector
[#16] Posted: 01/25/2012 - 11:33:21 AM | | |
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Yeah, good, thanks. Deleting the anonymous post would be fine with me.
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Kurt in Chicago
"If I smell it, it goes in the report".............Phillip Smith...2012
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Kenmore, WA
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TX Court of Appeals Finds in Favor of Inspector
[#17] Posted: 01/25/2012 - 12:15:46 PM | | |
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Read the other day somewhere how a school closed its doors, removed all products containing peanut products from its pantry, prohibited students and employees from having peanut-containing snacks on their persons and spent thousands scrubbing down every surface - all because there was one student allergic to peanuts who attends that school.
That's insane. Why isn't the student on meds and carrying an eppy pen? Should I expect a grocery store to not sell strawberries or rhubarb or rhubarb pies because the combination of the two could kill me? Should I sue grocery stores where these products are sold if they don't take them off the shelves? I wonder if that kid has ever gone into a grocery store where peanuts are sitting there open in bins with a scoop and folks scoop their own; and, if so, has the kid ever suffered because of that?
How is it that folks in undeveloped countries with their ignorance of mold and all of these allergies seem to be able to grow their populations five or six times faster than we can grow ours when we supposedly are the ones with all of the education and great living conditions? Why aren't people in the third world dying off faster than they are being born since they are more exposed to these things than we are? Why aren't the majority of leading doctors, surgeons, environmental hygiene professionals and armies of lawyers on the boob tube every day warning us that we're all about to be consumed by the mold demon? Answer: No such demon exists.
As a society we've grown soft and neurotic. I just wish everyone in this country would stop listening to every bogeyman story and looking for some excuse to sue everyone else and just take responsibility for their own lives and their own environment and stop running around blathering like chicken little.
ONE TEAM - ONE FIGHT!!!
Mike
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