Feldmann explains that he takes this same approach with crawlspaces that are blocked off. “I have gone to crawlspaces and found the access panel screwed in place and I have always just removed the screws, and replaced them when I was done. According to my SOP, I could have disclaimed getting into the crawlspace, however I would have shortchanged my client by not inspecting one of the most important components of the house,” says Feldmann.

Despite his desire to be as thorough as possible, Feldmann says that he always considers his potential risk and liability before moving anything. And he does occasionally use the disclaimer: “Not Readily Accessible” in his reports. For instance, attic access is frequently blocked by owner’s belongings in the closet. Feldmann says that if the seller or the seller’s agent is present, he will ask them to help him move the belongings, but when he’s alone it really depends on the potential risk involved in moving the items. “If I am by myself, I will make the determination if I want to move their stuff or not. It depends on what is stored and the potential risk for damage/liability. Frankly, I hate doing this!”

Feldmann says that he’s only had one complaint so far-- one seller filed a claim with the Better Business Bureau alleging that he damaged her clothes. Fortunately for Feldmann, he says he was able to settle the claim with an eight-dollar check for cleaning costs. 

Just Saying No
On the other hand, some home inspectors simply refuse to move any of the seller’s personal belongings due to liability concerns.  Aaron Miller, a home inspector from Texas, says that he doesn’t move anything that doesn’t belong to him.  “If it is not readily accessible, it gets disclaimed. I am an inspector, not a moving company,” says Miller.

When asked about his responsibility to perform as thorough an investigation as possible, Miller insists that his approach is as per his inspection agreement and his SOP. “My clients are fully-informed at least a day or two in advance of the inspection as to what the inspection covers and what it does not cover. I explain such things preemptively in my inspection agreement. Everyone is aware of whose responsibility it is to make things accessible for me prior to that time.  My policies are in alignment with the state and ASHI SOP. They are also in place to protect the seller's property and to reduce mine and my client's liability should something become damaged due to my moving it,” says Miller.

Greg Filian, from Mobile Home Inspectors, says that he tries to take a balanced approach when it comes to deciding what to move. “My policy on moving things is, if it looks like the resident moves the items all the time, I will move them- trash cans, hanging clothes, lawn mowers, etc. If items are never or nearly never moved, like beds, couches dressers, parked car, storage in a closet, I don't move them and disclose it. I have a standard disclosure for this,” says Filian.

Filian explains that sometimes it comes down to common sense and experience. “Let’s face it, sometimes you just can't get to it. No inspection fee is worth me paying for damage or hurting myself. If there are clothes in the washing machine or dryer and no one is there to move them I don't run the appliances or touch the clothes.  Once I shrunk a ‘favorite’ piece of clothing and had to pay for it. I've done this long enough to have learned from mistakes I've made and then incorporate them into my business,” Filian says.

Christopher Chirafisi, Director of Technical Training at AHIT, agrees that common sense plays a very important role in these decisions. “If I am performing an inspection and the electric panel has some boxes or some other personal property blocking access to it, I have a few options.  I can ask the seller (if the seller is home) to move the storage, or I can follow the Standards and document in the report that the ‘electrical panel was inaccessible, blocked by sellers personal property’ and document that the panel was not evaluated. Conversely, I can decide to move the boxes myself and try to inspect the panel,” Chirafisi explains.