One significant case in California that reinforced the need for home inspections and highlighted the importance of seller disclosures is the **Easton v. Strassburger** case, decided in 1984.
In the Easton v. Strassburger case, the buyers purchased a home in Los Angeles, California, without obtaining a professional inspection. After moving in, they discovered various defects and issues with the property, including termite damage and other structural problems. The buyers sued the sellers for fraud and negligence, claiming that the sellers had failed to disclose known defects and had actively concealed them.
The case centered around the question of whether the sellers had a duty to disclose defects and whether their failure to disclose constituted fraud and negligence. The California Supreme Court ruled that sellers have a duty to disclose all material facts that could affect the value or desirability of a property. Furthermore, the court established that the sellers could be held liable for intentional misrepresentation if they knew about significant defects and failed to disclose them.
The decision of this case did not directly require home inspections as part of the purchase of a home. However, it did establish the principle that real estate agents and brokers could be held liable for failing to disclose material defects. This is why home inspections are so important to the industry. Home inspectors are the only group involved in the transaction who do not make money off of the sale of a home. They are a neutral third party that protects everyone involved in the transaction. Home inspections protect agents and agencies from liability.
The first national building inspection organization was founded in 1976. ASHI, American Society of Building Inspectors created the first standards of practice and code of ethics for home inspectors. In 1985, Texas became the first state to license and regulate the field of home inspections. The field has continued to grow in professionalism and respect throughout the real estate industry.
Habitation Investigation, LLC was founded in 2002. Started as a single man operation, like many other inspection companies, Jim Troth realized early on the need for systems and processes to ensure quality and consistency every time. The integration of technology from scheduling to performing the inspection is what sets us apart. We have online scheduling that allows for anyone to schedule any time of day or night. The newly scheduled inspection has alerts and email that goes out to notify the parties involved, including the inspectors.
The report is a web-based program that has been custom created by Jim and the inspectors for 15 years. The reports are created and the web address for the report is uploaded to the schedule system that then automatically sends out the report link and WDI reports if attached. This too is done automatically no matter the time of day.
Our radon monitors test radon levels every 10 minutes as opposed to the industry standard of one time per hour. Each monitor is equipped with a cell phone with GPS capabilities. The test instructions are put into the system, and it runs automatically. When the test ends, the report is compiled and sent about a half an hour after completion. No longer do we have to be at the home to get the monitor so we can get the data. Reports are automated and sent out no matter the time. This makes it very efficient for those short time frames.
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Habitation Investigation has a reputation in the industry for being able to solve problems and help clients with the use of technology.
Habitation Investigation has a reputation in the industry for being able to solve problems and help clients with the use of technology. For example, we have added VOC testing to help clients that were having neurological problems that were determined to be caused by air quality issues in their homes. There have been several clients that had doctors tell them there was nothing wrong with them until the results of air quality testing were received.
Home inspections have grown beyond just the purchase of a property. We inspect new buildings to help ensure the quality of the build and that manufacturers recommendations are met during the build. We help assess air quality to help sick people understand their environmental issues. We assist in commercial purchases and help the investor understand the costs involved in the purchase to know if it makes financial sense. All of these benefits are from the aid of new technologies that help us to help our clients. As technology continues to improve, Habitation Investigation will continue to utilize it for the benefit of our clients and agents.
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