Managing Expectations is Key to Eliminating E & O Claims

January 18, 2009 by Joe Ferry 

One of the most important that a home inspector can do to lower his chances of being sued by a client is to manage his client’s expectations of just what a home inspection entails.

Most people who are buying houses are first time buyers or have not purchased a home in quite some time. Not infrequently they have completely unrealistic notions of what you are likely to uncover in a two hour inspection. Not a few of them are under the impression that you are going to discover everything that is currently wrong with the home . . . and everything that was ever wrong with it. Obviously, that is not going to happen and it is your job as a professional to disabuse them of that absurd notion.

Managing clients’ expectations is something that every professional - doctor, lawyer, accountant - has to do. And home inspectors do, too.

One of the most masterful client expectations management sessions that I have ever witnessed was performed on me by the oral surgeon that we had engaged to remove my son’s wisdom teeth.

After examining my son, taking x-rays of his mouth and reviewing the case notes of our referring family dentist, he asked my son and me to come into his office. He put my son’s panoramic x-ray up on an x-ray viewer and pointed to my son’s lower teeth said “Do you see these teeth that are growing sideways, perpendicular to his bottom row of teeth? Those are the teeth that are bothering him. They have to come out because if they don’t, they will continue to grow in that direction and destroy the alignment of his lower teeth.”

He then pointed to his upper teeth and said “But look at his upper teeth. The wisdom teeth on the upper level are starting to do the same thing and soon they will be bothering him, as well. So, we might as well take them out, too.”

Sounds good, I’m thinking.

Then, however, he began to tell me all of the things that could go wrong with the procedure. He’s going to need general anesthesia. Anytime you are under general anesthesia, things can go wrong. He then recited a litany of those potential problems. Then he launched into a discussion of the always possible risk of infection and its consequences.

Now, I’m beginning to question the wisdom of having this procedure done . . EVER! Having my doubts about proceeding.

But, then, he started to reassure me that the chance of anything adverse happening was remote. The anesthesiologist is Board Certified, so are the nurse anesthetists. My son’s vital signs will be constantly monitored. Though infection is always a possibility when tissue is cut open, every sterile precaution is taken:everyone is scrubbed, gloved, masked, gowned, the theater is sterile and the instruments are sterile, and your son will be under constant vigilance by the professional staff both during and after the procedure. And if, despite all of those heroic precautions, he contracts an infection, we have super antibiotics that will kill it.

At this point, I thought “Gee, if he only comes out with an infection, that will be a successful operation.”

He had effectively managed my expectations. Opened my eyes. Disabused me of any notion that even though this is a routine procedure, sometimes, despite his best efforts, things can go wrong.

The operation was successful with no complications. But had there been any, would I have been inclined to sue that doctor? Of course not because he had told me that that sort of thing could happen no matter what he did to prevent it.

So that’s what you have to do as a home inspector to help lower your chances of being sued for a bad result that was not your fault.

In the seminar, you will learn exactly how to do that.

You will also learn:

? The 5 HABITS you MUST DEVELOP to lower your risk profile

? How to establish the KILLER DEFENSE that will defeat ALL negligence claims

? The MAGIC CONTRACT PROVISION that will DECREASE your LIABILITY, INCREASE your INSPECTION FEES, and SMOKE YOUR COMPETITION all at the same time

? The MAGIC CONTRACT PROVISION that will PREVENT your client from TAKING YOU TO COURT

? The 7 KEY FEATURES of a HIGHLY EFFECTIVE RESPONSE LETTER

? The 7 KEY PROVISIONS that every Pre-Inspection should have.

? How to TRANSFORM yourself from a VICTIM of your client to an ALLY

? How an EFFECTIVE PRE-INSPECTION AGREEMENT and E & O INSURANCE can DOUBLE your INSPECTION FEES

Email This Post Email This Post

Comments

Feel free to leave a comment...
and oh, if you want a pic to show with your comment, go get a gravatar!