Handling Complaints

Last year I received a complaint from a client. Home prices in Maine are out of control, and they were looking for a new house in the lowest budget range (approximately $250,000). The first house we looked at together was full of red flags—wooden walls built below grade were completely covered on the inside, half of the roof was spray-painted a light gray color, cracked tiles were found throughout the building, and vines grew through the wooden basement floor.
The second house we looked at seemed to be in much better shape: approximately 100 years old, no major structural concerns but a dirt floor basement. There was wood in the basement that was obviously growing fungi, but the joists were all solid when probed; it seemed like a good candidate for a vapor barrier and a dehumidifier.
With damp basements I always give my speech about mold: It’s not something testing will clearly identify. In damp basements you need to assume it is there and remove everything organic (wood) and run a dehumidifier, and you will have an allergic reaction if you are susceptible to a high level of a specific mold present in the house. We discussed possible solutions and that was that. She seemed happy, I felt like she was well informed, and she had a plan for moving forward.
A few months later I received a complaint email. The email was short and direct. I suspect I get one such complaint every year (I have been doing this for almost nine years now), and only once has someone threatened to take me to court (after she talked to her lawyer and reread my pre-inspection agreement she dropped that line of thinking).
I wanted the Reporter to publish this email because I thought it was particularly well written (some shameless self-promotion, I admit) and because
I think we should all share information like this.
One quick note: I did offer a refund if she was willing
to give me all of the information specified in the letter. I figure the few hundred dollars would be well worth it if I can learn something useful out of the experience.
After I sent this email to the client I received a short reply thanking me and telling me how much they respected me. I guess all’s well that ends well.
The Complaint
Ray,
Regretfully I write to inform you that your inspection has turned out to have fallen short —in such a major way—that I would not have purchased the house had it been correct.
The attic and basement are packed with deadly black mold. (Name of National Pest Company redacted) and my contractor were just here, and this is an unanticipated, mandatory $10,000 cleanout and re-insulate job.
I also discovered myself that the fuel can’t be delivered until the corroded intake pipes out front
are replaced.
This is an unspeakable blow and surely falls short of your industry standards.
I am in an impossible bind because of these massive oversights.
Please provide a full refund immediately. Then no third party will be involved.
— (Client Name Redacted)
The Response
Hello (Client Name Redacted),
I’m terribly sorry that you had this experience.
Mold is a particularly tricky issue. It requires moisture and organic material over time. Because it can be so difficult to diagnose with only a visual inspection, mold identification during a home inspection is outside of the parameters of the inspection. This issue has been specifically addressed by the two organizations I am affiliated with (the American Society of Home Inspectors and the Maine Coalition of Home Inspection Professionals).
ASHI Standards of Practice specifically says (Section 13.2, subsection A 11):
“The inspector is NOT required to determine… the presence of plants, animals, and other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms, molds and mold-like substances.”
I also specifically discuss mold in the pre-inspection agreement that you signed (section 2):
“THE INSPECTION AND REPORT DO NOT ADDRESS AND ARE NOT INTENDED TO ADDRESS CODE AND REGULATION COMPLIANCE, THE POSSIBLE PRESENCE OF OR DANGER FROM ASBESTOS, RADON GAS (unless tested for), LEAD PAINT, MOLD, UREA FORMALDEHYDE, SOIL CONTAMINATION AND OTHER INDOOR AND OUTDOOR SUBSTANCES. THE CLIENT IS URGED TO CONTACT A COMPETENT SPECIALIST IF INFORMATION, IDENTIFICATION, OR TESTING OF THE ABOVE IS DESIRED.”
That said, mold is outside of the inspection parameters, but I try to go above and beyond the minimum standards, and I talked to you about mold, mildew, and potential future issues.
I noted a mold-like substance in the basement (p. 7): “The basement is generally damp and there is significant mildew growth on wooden boards stored in the basement and on some of the wooden floor joists. No signs of structural deterioration were observed. All organic material (anything mold or mildew could grow on) should be removed from the basement.
Running a dehumidifier that drains into a perimeter drain is recommended. (Installing a heat pump electric hot water heater can double as a dehumidifier and may reduce the cost of running
the electric hot water heater).”
After seeing that mildew, I discussed the issue with you in the kitchen, giving you my spiel on mold and asking if you were experiencing any symptoms of an allergic reaction, and discussing how an allergy to mold can best be diagnosed in the moment by being in an environment and carefully noting any reactions of the immune system.
I have included full-size pictures of what I found in the basement and the attic.

Regarding the oil tank, I did flag its condition and it should not be filled; it should be replaced (page 13):
A 275-gallon oil tank is installed in the basement. The oil tank is old and has surface rust in many places. It is likely nearing the end of its expected service life. This tank should be replaced before it leaks.
Again, I have included full size pictures.
I stand behind my report, my inspection process, and my qualifications. That said, a refund is not an impossibility. But to feel comfortable that I am providing you the absolute best service I would need the names and contact information of your contact at (National Pest Company) and your contractor and anything they have given you in writing that documents what they found, how they tested it (lab results), and their remediation plan. I am suspicious that they have not done their proper research and may be trying to scare you into an unnecessary and costly “remediation.” I will want to contact them,
see what they found, and what they propose.
If you are interested in doing more research on mold and mildew problems I highly recommend books and articles by Jeff May (mayindoorair.com).
I am still a resource for you and your home,
and hopefully you are willing to work with me to get to the truth of this issue.
— Ray
Opinions or statements of authors are solely their own and do not necessarily represent the opinions or positions of ASHI, its agents, or editors. Always check with your local governmental agency and independently verify for accuracy, completeness, and reliability.
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