Updated May 28, 2025 to improve clarity and incorporate survey data and inspector quotes. Revisions by Alyssa Guerra.
Four months after completing an inspection, a home inspector received a series of text messages from his clients, the home buyers. In the texts, the inspection clients accused him of a negligent window inspection. They alleged that their home inspector had failed to report wood rot and subsequent leaks in seven windows on the property. The clients did not provide window repair estimates. Furthermore, they reportedly “didn’t want this to turn into a court situation.”
Because the inspection clients had not made a written demand for money, the complaint qualified for our pre-claims assistance program, which stifles 85 percent of allegations before they turn into claims.
With the help of our pre-claims team, the home inspector scheduled a return visit to the property to document current conditions. With the updated information, along with photos from the initial home window inspection and the listing, the team was able to issue a denial of liability letter to the claimants. The letter argued that, because ASHI’s Standards of Practice (SOP) only require home inspectors to inspect a representative number of windows, and because the sellers’ window coverings had obstructed them at the time of the inspection, the home inspector was not responsible for reporting the developing wood rot and water damage (SoP § 10.1(D)).
Four months later, the home inspector received a summons to appear in small claims court. The clients argued that the home inspector should pay $4,000 to repair the window damages. With a written demand for money, the pre-claim escalated to a home inspector E&O insurance claim.
For the most part, window inspection claims involve a failure to identify water damage, intrusion, or wood rot around windows. Frequently, home inspectors are unable to identify such defects because the windows have been painted shut or obstructed. In such cases, inspection clients are only able to discover window damage after the obstructions are cleared and the windows can be opened.
Do home inspectors need to inspect windows that are painted shut or covered? No. Trying to pry open a painted or obstructed window could cause additional damage to the seller’s property. It would also contradict the expectation to evaluate visibly accessible defects. If the window isn’t accessible, then you aren’t expected to report those concealed window issues during a home inspection.
Another reason a home inspector may miss defects during a window inspection is because, given their SOP, they are only required to inspect and test a representative sample. Sometimes, it just so happens that the windows they examine are fine, whereas the ones they don’t are not.
This raises an important question: What does “representative sample” mean in a home inspection?
State and association standards offer varying definitions. Some are open-ended, leaving it up to each inspector’s professional discretion. For example:
Texas Real Estate Commission (TREC):
Inspectors shall report deficiencies in “the condition and performance of windows and components.”
International Association of Certified Home Inspectors (InterNACHI):
Inspectors should “inspect a representative number of doors and windows by opening and closing them.”
Others define a “representative number” more specifically. For example:
American Society of Home Inspectors (ASHI):
Representative number: “one component per room for multiple similar interior components such as windows.”
California Real Estate Inspection Association (CREIA):
Representative number: “an average of one component per area for multiple similar components such as windows.”
So, how many windows does a home inspector need to inspect? What do inspectors consider a “representative sample?”
We can divide answers into three main categories: all accessible, a specific number or percentage, and other.
Most inspectors do not follow the “representative sample” standard, regardless of what their SOPs say.
In response to our survey of more than 500 home inspectors, 58.9 percent said they exceed the representative sample standard and inspect all windows that are reasonably accessible. These inspectors feel they’re less likely to miss visible window issues during a home inspection and more likely to get happy clients.
“My thought process tells me that the ones I don’t inspect will probably have an issue. Do I want to spend extra time at the inspection or with my insurance carrier or in court explaining the SOP?” wrote Bob Meyer of A Plus Inspections & Environmental Testing, Inc in Pennsylvania.
Many agreed that “reasonable access” means the windows are not obscured by height, personal belongings like furniture, or mechanical obstructions. Several stated they would not move or climb on belongings for a window inspection, climb a ladder to reach multi-story windows, or try opening one that could risk damage to that window, the house’s structure, or any nearby belongings. In general, if they can safely reach it, they will open or at least visually inspect it.
Some standards, like those in Texas and Oklahoma, do not permit representative numbers. In other states, however, many inspectors do favor window inspections sampling.
About 6.7 percent of survey responses described inspecting a specific number of windows. Roughly 6.3 percent said their window inspections are percentage based.
Based on our survey responses, here are some numbers and percentages inspectors use to quantify a representative sample:
Meanwhile, about 28.1 percent of survey responses outlined a custom or unique process for determining their window inspection samples. Because these inspectors have different guidelines for different situations, their answers didn’t fit the mold of the “all,” “number,” or “percentage” categories mentioned above.
For example, they might inspect all of them visually but only open half. Or they might aim for one window per room, and then inspect more windows if they believe the home demands more scrutiny. Some have different rules for residential vs commercial buildings, new construction vs existing homes, and different types of windows or components. These samples were described as random or too case-by-case to quantify.
“In new construction, I inspect every window. In existing construction, one in every sleeping room and randomly throughout the home, as accessible,” wrote Anthony Westbrook of Westbrook Homes in Alabama.
“I inspect and operate a representative number of windows in each room. I pay more attention to windows on the south and west exposures because they experience more sun and weather exposure,” wrote Thomas Seargeant of InsideOut Property Inspections in California.
“All the ones we can reach get some level of inspection,” Scott Donnelly of High Tech Inspections Inc. in Maryland wrote. “The top sashes are inspected on a random basis, a few on each level. Otherwise, we open all of the accessible bottom sashes, look for damages, popped seals, and check under them for moisture. Casement windows are opened until we find one that won’t close.”
This variety is not a bad thing. It demonstrates that inspectors take their risk management seriously, and they look for solutions and guidelines they believe will give them the best possible results.
In addition to setting your own guidelines (and following them consistently across inspections), what else can you do to limit your home inspection liability against window inspection claims?
As with all claims prevention, it’s important to have a thorough pre-inspection agreement and inspection report with lots of pictures of defect and non-defect areas.
However, to avoid window inspection claims specifically, there are certain risk management practices you can employ.
According to our claims data, 80 percent of claims against home inspectors are meritless. In such cases, the home inspections are technically accurate. But the clients have unrealistic expectations. This leads them to make claims related to issues outside the scope of the inspection.
To avoid frivolous window inspection claims, it’s important to help your inspection clients understand your SOP. Discuss the visual, non-invasive nature of home inspections so clients don’t expect you to examine obstructed or inaccessible areas. Emphasize that you cannot examine obstructed windows. Also, if you inspect a representative sample instead of every accessible window, make this clear for the client and explain what a representative sample means for you.
Setting appropriate expectations will limit your home inspection liability and increase customer satisfaction. To make your SOP clear to clients, here are a few techniques we recommend:
Give clients the opportunity to review your SOP themselves. Make sure to cite your SOP (preferably with a link to read it in full or a copy attached) under the scope section of your pre-inspection agreement. You could mention and link to your standards on your website and during your scheduling process.
By explaining that your inspection will follow certain standards from the beginning, you help set the stage for future conversations about those standards. You could even take it one step further and call clients while waiting for their contract signature. Ask if they have questions about your SOP. They might ask, “Do home inspectors check windows? How are windows tested?” Or “What does ‘representative sample’ mean?” Answering their questions early on eliminates confusion before it turns into false expectations about your window inspections.
Outline your home inspection exclusions in your pre-inspection agreement. For example, inform them you’ll only test a representative sample of items such as windows, lights, and outlets.
By summarizing key exclusions in your inspection contract, you help clients recognize that your services will not be technically exhaustive.
When reporting on both defects and satisfactory components of the home, it’s wise to reference your SOP.
For example, if the windows you tested seem to function properly, your window inspection report might say: “Based on a visual examination of a representative number of (not all) windows in the living room, the windows appear to be in satisfactory condition.”
Or, if you notice window issues during a home inspection in your representative sample, encourage them to have the remaining windows evaluated for similar concerns. Otherwise, they might assume an issue is present in only that one window, and not check the others.
As inspectors in our survey mentioned, if you cannot properly inspect an area, say so in your report. You should also photograph any obstructions or hindrances that prevent you from inspecting or accessing a space or component.
Having this dual documentation can help stifle negligence allegations that surface later. Even if the pictures don’t end up in your window inspection report, saving them gives you more evidence for potential claims.
Additionally, noting the weather on the day of the inspection can help limit your liability, too. After all, weather conditions often determine which problems are visible, including window damage and issues during a home inspection.
Even if you do everything right, you can still get a window claim. Take it from the home inspector in the example at the beginning of this article.
With the help of our claims team, the home inspector was prepared to defend himself in the small claims court hearing. Our claims team compiled a list of defenses for him to present at the trial, including ASHI’s SOP and photos of the concealed windows. The court ruled in the home inspector’s favor by dismissing the case and charging the claimants with the court fees. The claim closed at no cost to the insured inspector, not even his insurance deductible.
It’s essential to carry E&O (errors and omissions) insurance for defense and payout help. Contact your InspectorPro broker or submit an application to receive a no-obligation quote.
Previously: Septic Claims.
This article was published in the ASHI Reporter in September 2019. See how this story appears in print below.
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