Complaints

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• Initial Complaint

  Date:11/12/2022

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I paid $400 for a home inspection on Feb. 12, 2022. At the time I asked what is included in the inspection and I was provided with a bullet list in text message (attached). However, I had to pay $3104.73 altogether in restoration service when the water from the tub overflowed. Although this was submitted to insurance it was not covered due to the lack of reporting from the restoration company. There was no note in the inspection report regarding the tub or drainage. The inspector agreed to refund the report but has yet to do so.

  Business Response

  Date: 20/12/2022

  This home inspection was done last  February 12, 2022, at 1:00 pm.
  The property address is ******** *** ******* *** *** *** ***.

  
  Before the home inspection started, the client received an agreement
  stating the Standard of Practice which contains limitations, exceptions, and
  exclusions and she accepted the agreement. It is clearly stated in the
  agreement that in the event of a claim against
  the INSPECTOR,  the CLIENT agrees to
  supply the INSPECTOR with the following: (1) Written notification of adverse
  conditions and (2) Access to the premises to investigate the issue.  The client contacted me on October 5, 2022,
  eight months after the home inspection, informing me of a problem and claimed
  that there was a clog in her bathtub drainage. When the client contacted me,
  the repair and restoration has already been done with a restoration invoice
  dated April 8, 2022. The client should have contacted me first when she noticed
  the problem so I could investigate the claim but she informed me six months
  after. In this case, there is no way for me to verify the cause of the issue
  the client wanted to claim.  The client
  emailed me the invoice on Oct 26, 2022, from restoration AmSteam Restoration
  Services, which was dated April 08, 2022. Without any proof  or report attached on what cause the water
  damage. 
  

  Invoice:                 **************************************
                               ******************************************
  ********* *********** ******** also gave me the contact information of Property
  Management. I sent an email to the property management and inquire about what
  happened on the unit, and to confirm if the bathtub drain and overflow were
  clogged. Their reply was:
  
  The client did not mention
  in our conversation(text) that she fills up the bathtub when this happens. I
  found it out from the property manager. Attached here are the responses to my
  inquiries to the property management:
  

   

  Property Manager's First  Response: See Attached Photo:     Property
  Management - First reply.png

  
  “ Hi
  *****.   The overflow was not clogged.  It was simply
  a case of the unit owner turning on the bathtub faucet and leaving it run.  The overflow is not designed to
  accommodate that volume of water and the tub overflowed. 
  We do
  not have a detailed report as the owner advised us of the issue when the
  restoration company attended to the site.  There was no reason for a
  plumber to attend and there was no need for a formal report.
  I
  hope this helps.”
  
  

   

  Property
  Manager's Second Reply: See Attached Photo:     Property Management - First reply.png
  
  “ *****.   I spoke with our site manager and he
  confirmed that he cleaned the P Trap on *****’s vanity sink as a favour to her
  because it was draining slowly.   He did not do anything with the bathtub
  overflow nor did he do a report. 
  
  ***** was very clear to our site
  manager and  ****** from ** ***** at the time of the incident,  the
  latter to myself in a phone call that she started the water in the tub then got
  tied up on a phone call and the tub overflowed.
  
  We will not be responding to any further requests on this issue
  nor will we be involved any further. 
  
  Sorry, I can’t be of more help.”
  
  During our conversation with the client last October 7, 2022, I
  offered to refund the inspection fee, because the client could not produce a
  report or proof of the water damage. The client rejected the offer and
  requested to file for error and omission insurance instead. As per requested, I
  gathered and submitted all the documents the client gave me and sent them to my
  insurance company to file the claim. The Insurance Company received all the
  documents and right away conducted investigations.
  Attached here are the responses from my Insurance
  Company regarding the issue and denied all the client’s claims.  Please see and check the attached denial
  letter for your reference.
  File:  Letter to ** ***.pdf
  When the client received
  the denial letter from insurance company, the client messaged me again and asked
  for a refund for inspection fee. I referred this request to my insurance
  company and they advised me to just give refund of the home inspection fee and
  asked the client to sign the release letter to close the case. But the client
  refused to sign it. The insurance company advised me not to give the refund
  unless the client signs the release letter.
  
  
  How
  to Check the functional flow of water through fixtures.
  

  The inspector should report on the functional flow of water through the fixtures. The most common method is to run two or more faucets or fixtures at the same time. Significant drops in flow at an individual faucets during this test can be a sign of either poor supply pressure or clogged piping, which would required further professional evaluation. The Home inspector is not required to determine the exact flow rate, volume, pressure, temperature or adequacy of the water supply. 
  

   

  How
  to check the functional drainage :
  

  The inspector should report on the functional flow of water through the fixtures. The most common method is to run lots of water while drain plug is open. The home inspector is not required to test shower pans, tub and shower surrounds or enclosures for leakage or for functional overflow protection. 
  

   

  
  
  To ***:    -  I have more pictures to attached but i was limited to attached up to 4 attachments only. Pictures need to add,  pictures of the bathtub while water was running during inspection. 

  - I would reserve my rights not post this
  matter.
  

  Customer Answer

  Date: 21/12/2022

  
  
  Complaint: 18558156
  
  
  
  I am rejecting this response because: nowhere in the inspection report was ‘functional drainage’ as copied and pasted from ***** by the inspector when asked what was included, actually included. Please see attached report In that very email from condo management, he admits that the “tub is not designed to hold that volume of water.. “ and does clearly state the ptrap was clogged neither of which were mentioned in the report. I very clearly told the inspector the tub was being filled but had the drain been functioning adequately, an overflow would not have occurred and there should have been mention of this issue this report. Although they try to shift blame elsewhere it is very clear that the purpose of the overflow drain is to in fact prevent floods from filling the tub and if hampered in some way (clog or otherwise) may be compromised in said function. Again, nowhere was any of this commented in report. Neither of the two specific issues (ptrap clogged, tub drainage capacity) that Don himself cited as being found on day of the incident were included or mentioned in the report which would be standard to do. 

  
  
  
  Sincerely,
  
  
  
  ***** ***

  Business Response

  Date: 28/12/2022

  The HOME INSPECTION has limitations, exceptions, and exclusions. The Home
  Inspector's Report is an opinion of the present condition of the property.
  It is based on a visual examination of the readily accessible features of the
  building. The Home Inspector do not remove, alter, remove wall coverings
  (including wallpaper) or lift flooring (including carpet) or move storage to
  look underneath or behind or connect any measuring device to any system. 
  

  Condition/Evaluation – The condition statements is the observation of
  NON-Performance or POOR Performance. Some called it evaluation Process or
  defect recognition. These condition statements describe items that may be
  missing, broken, worn out, undersized, improperly installed or otherwise not
  performing their intended function.
  
  The inspection services DO NOT
  INCLUDE any action, system or component specifically excluded from the scope of
  work in any provision of the AB Standards. The INSPECTOR IS NOT REQUIRED
  TO PERFORM any action or task not specifically required and/or that is excluded
  from the scope of a home inspection as contained in the AB Standards, whether
  or not specifically identified herein.
  

  Home
  Inspector is not required to describe the Drainage capacity (example bathtub
  drainage). Only the capacity of the water heating equipment, if present and labeled,
  is required to describe in home inspection.
  
  

  III. The inspector shall report as in need of correction:

  -deficiencies in the water supply
  by viewing the functional flow in two fixtures operated simultaneously;
  -deficiencies in the installation
  of hot and cold water faucets;
  -active plumbing water leaks that
  were observed during the inspection; and  
  -toilets that were damaged, had
  loose connections to the floor, were leaking, or had tank components that
  did not operate.

  See
  Attached file for the Inspection Report and  SOP in Plumbing.