lawsuit Blog Posts

Tuesday, April 1, 2014

A recent case out of San Diego County underscores the importance of clearly outlining the scope of your inspection in your inspection agreement.

In that case the plaintiff, a 20-year old male college student was visiting friends, who were also college students, at a home they rented near San Diego State University. The plaintiff decided to participate in the sport of Parkour, utilizing a free-standing six foot concrete block wall located in the home’s backyard. (“Parkour” is defined as the sport of traversing environmental obstacles by running, climbing or leaping rapidly and efficiently). 

When the plaintiff attempted to pull himself onto and over the wall,...

Tuesday, March 11, 2014

This article will provide an overview of what to expect when the unthinkable happens and you have been sued. Each specific lawsuit is different, but this will provide general parameters of what you can expect and what your obligations are.

                              

Don’t Ignore the Summons

In order to initiate the lawsuit, the plaintiff will serve you with a Summons and Complaint. The Summons alerts you to the fact that you have been sued and the Complaint contains the allegations against you and any other parties named...

Tuesday, March 4, 2014

In September of 2013, Joe Appraiser (not his real name) was notified by one of the big banks that he had been placed on ineligible status due to an incorrect review. Immediately, Joe contacted the bank regarding his placement on the “do not use” list believing this was all a simple mistake. In hopes of reversing his eligibility status, Joe submitted a detailed rebuttal where he provided a line-by-line response to each alleged deficiency in his appraisal report.                                                   

In part 1 of our series on blacklisting, we talked about the process Joe Appraiser went through to be reinstated using his FREA Professional membership...

Tuesday, February 25, 2014

When a lending institution loses confidence in an appraiser’s work, the bank or AMC will put them on a “do not use” list, also known as a blacklist.

In some cases, this means an appraiser has made a costly mistake. However, some banks are taking blacklisting to an extreme by treating appraisers as guilty until proven innocent without cause or reason why.

If unchallenged, this practice can be devastating because being blacklisted even once can have permanent detrimental effects on an appraiser's career, income, and reputation.

By engaging in blacklisting lenders are trying to insulate themselves...

Tuesday, November 26, 2013

In many complaints or claims against home inspectors the real culprit may be the seller of the subject property. Many times the seller, in an effort to get the maximum price for the property, may omit disclosure of certain defects or in some cases (gasp) may even have tried to hide a defect or two to make discovery by the inspector or buyer more difficult, if not impossible. Sometimes this happens with the help of the listing agent and one or two local contractors.

The failure to disclose or even the occasional intentional deception may not be discovered until months or years later...

Tuesday, November 19, 2013
First, it is gratifying to know you are actually reading what we write and release. We know this is true because a little over a year ago, we received very few questions about subpoenas and today, after writing a little warning piece on the now infamous FDIC subpoenas being issued to appraisers by a private law firm, we get lots of questions. In fact, we get so many we decided to put together a short follow-up piece on different kinds of subpoenas and how to handle them. These are presented in ascending order of concern with the final one being the most dangerous....