Code violations and expertise
Q: "Last year I did a "subject to completion" appraisal of a new
home being built nearby. The appraisal was based on the plans they gave me
at the time. There has been some press around here lately about problems
with the local building department. Supposedly homes were built without
permits. Also two building inspectors were arrested for taking bribes to say
they had done inspections when they had really never been out to the
property. I guess somehow the lender got wind of all this news. They called
me up to go out and certify that construction was complete and to fill out
this other form that says there are no building code violations. I told the
loan officer that I was not a code inspector and I could not comment on
building code violations and he went ballistic on me. Was I right not to
fill out that code compliance form?"
A: Absolutely. You are not a code compliance expert and do not
have the expertise necessary to complete such a report. Even if the home in
question was not in any way involved in the recent scandals you have no way
of knowing if the builder followed all the rules. You should never feel
pressured to do something you know you are not qualified to do. That is one
quick way to an E&O claim ... and saying "my client made me do it" is not a
good defense!