(1) you will not be able to say anything that could come back to hurt you, (2) the attorney can get the answer to the question you posted, and (3) your attorney will then be in a position to advise you on how to respond to the situation. While a bad home inspection report isnt what any seller is hoping for, the good news about the process is that as a result of the inspection, the buyer knows what theyre getting into and has the chance to ask for repairs or walk away both actions that protect the seller from future liability. Steve Linick, State Department Inspector General, testifies on Capitol Hill in Washington on Dec. 10, 2014, before a House Select Committee on Benghazi hearing. The DHS Inspector General and other Cabinet-level Inspectors General can only be removed by the President, after advance notice to both Houses of Congress. A home inspection contingency is an addendum to the offer contract that allows the buyer to conduct an inspection and then back out of the deal if they are unsatisfied with the findings. Performed by a licensed professional home inspector, a home inspection is a comprehensive review of the home thats for sale, based on a visual evaluation and testing the homes systems and components. WebSince its 1976 establishment, the Office of Inspector General (OIG) has been at the forefront of the Nation's efforts to fight waste, fraud and abuse and to improving the How Accurate Is My Zestimate, and Can I Influence It? If youre still nervous about who should and shouldnt attend the home inspection, look up the laws in your state. If a home has a radon level higher than 4 picocuries per liter (pCi/L), the home needs a radon mitigation system to bring the radon to safe levels. But we are going to clarify once and for all that the laws notice requirement means that Presidents have to give clear, substantive reasons for removing an IG, and that they cant put an IG on administrative leave without a good reason. Using and accessing this website does not create an attorney-client relationship with Alan Lescht and Associates, P.C. And the administration should lean on that process going forward. Remember, if a buyer backs out and you re-list, youre going to have to disclose whatever was found in the report to future buyers, so the best thing to do is go ahead and complete the repairs and hold on to documentation from your contractor that proves the work was done. Call toll-free: (866) 680-7963 or. Rather, the OIG performs oversight of the DHS components by conducting audits, investigations, inspections, and other reviews. Reporting by my colleagues at the Project On Government Oversight revealed that the inspector general, Joseph Cuffari, allegedly suppressed investigations : Roofing troubles can range from a few missing shingles to leaks or soft spots, or even a full roof replacement if the roof is old or failing. This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Generally, home inspection contingencies in real estate purchase agreements call for such inspections to be conducted only by competent professionals. Employees can only refuse to answer questions if their answers could be used against them in criminal proceedings. Alternatively, when IGs come under fire for doing good work, Ive had their backs. Contact Alan Lescht and Associates today if you are under investigation by the OIG. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The National Research Council published a report that supports the EPAs (Environmental Protection Agency) claims that radon is the second leading cause of lung cancer in the United States, claiming 15,000 lives each year. For the IG system to work, it is essential to balance independence with accountability of IGs. Inspections are designed to provide information to decision makers in a timely manner. Do not send any confidential information to us until and unless a formal attorney-client relationship has been established. Radon is an invisible, odorless, radioactive gas that can increase the risk of getting lung cancer. How Does HUD Calculate Amounts to Accept on Homes? A: If OIG contacts an employee concerning an investigation, that employee may inform his/her management of that contact. Luckily, the IG Independence and Empowerment Act would also require the Integrity Committee to report allegations to Congress quickly and keep members apprised of the status of investigations. The Office of Inspector General has nine divisions, or Program Offices, responsible for oversight of DHS: An audit is a methodical examination of a business, government program, or financial records. Others are requested by important stakeholders such as Congress or the DHS Secretary. Similarly, it is not appropriate for management to question such employees about OIG interviews or requests, including specific questions asked or the content of interviews. In that case, I pushed for compliance with the statute, held up a nominees to obtain information, and disagreed with the stated reasons for Mr. Walpins removal. This is a common option for buyers who want to do the repairs on their own terms, or if sellers are refusing repairs. A: OIG investigators will respect the confidentiality of Department employees as provided by law. Home inspectors have been sued before by sellers who believe a deal falling through was the fault of the home inspector and their incorrect reporting. The Office of Inspector General (OIG) is an office within the U.S. Department of Health and Human Services (HHS) that is charged with the duty of If an employee is interviewed by OIG personnel or receives an OIG request for information, it is inappropriate for the employee to discuss the nature or content of the interview or request with anyone other than his/her attorney, including managers, other employees, other witnesses, or any party that is potentially involved in the investigation. The Office of Inspector General investigates allegations of fraud, waste, or abuse of GAO property, assets, and resources or other serious problems in GAO's operations, including the possible violations of rules and laws. If interviewees wish to request transcripts of their recorded interviews, OIG has procedures by which such requests may be made and will be processed. Here are some of the most common major issues that come up during inspections. Welfare fraud investigations is a big part of their oversite. Home sellers and their buyers are free to negotiate over home inspection results as well as who will pay for any repairs. If we dont update the law, we can only expect future administrations to repeat the actions of current and prior administrations. In this way, these watchdogs serve an indispensable function in our system of checks and balances. Some believe that because the listing agent represents the seller, they need to be there to keep overly zealous inspectors in line. A home inspector is a given, of course but who else? As you look at properties, its essential to understand that no home is going to be perfect even newly constructed homes need an inspection! A: Generally, an investigation is carried out to resolve specific allegations, complaints, or information concerning possible violations of law, regulation, or policy. All of this is incredibly alarming. 8 Documents You May Need For Tax Filings if You Sold a House. As noted above, an employee's management can become involved if the employee declines to participate in a recorded interview. Government attorneys represent the agency only and may not act on behalf of an employee. In a buyers market, buyers sometimes have more time, but in a sellers market, they usually have to act quickly. The Office of Inspections and Evaluations is the lead OIG office for reporting on DHS intelligence, international affairs, civil rights and civil liberties, and science and technology. You can read more about him, Reasonable Accommodations Request Intake Form, Conduct independent and objective audits and investigations relating to DHS programs and operations, Promote economy, efficiency, and effectiveness in DHS programs and operations, Prevent and detect waste, fraud and abuse. I also investigated allegations of poor work product, coercive management decisions, and questionable hiring practices by the watchdog at the Federal Housing Finance Agency. If youre selling your house on your own, then it makes sense for you to attend the home inspection. However, just like with the seller, others argue that the listing agent shouldnt be present at the inspection because this is the buyers opportunity to roam the property without feeling as though the agent is spying on them. Start with your legal issue to find the right lawyer for you. I will assume the real underlying question is what you should do about the call. The vote in the House of Representatives, where I was then serving Iowas 3rd district, was 388-6. address integrity, economy, and effectiveness issues that transcend individual government agencies; and Cracking foundations, settling, and basement water damage can be costly fixes. His input has been insightful in crafting this bipartisan legislation and his staff has been diligent in furthering these efforts. Put another way, IGs are the original swamp drainers. increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of Inspector General. DHS OIG publishes an Ongoing Projects list of all current projects. It is for information purposes only, and any links provided are for the user's convenience. And remember, they want to buy your house! The OIG makes recommendations to improve the programs and operations of DHS. A: Employees may assert their Fifth Amendment right to refuse to provide information on the grounds that the information might be used against them in a criminal proceeding. This of course was the intent of the law all along. Whistleblower Retaliation Reports of Investigation, Dr. Joseph V. Cuffari was confirmed by the U.S. Senate as the DHS Inspector General on July 25, 2019. It is critical to exercise this right at the earliest opportunity. Q: What matters does OIG investigate and how do they originate? believes you are involved in criminal activity, you could be subject to workplace discipline as well as criminal prosecution by the Justice Department for prosecution. And an equally important point for those who werent around at the time the support for creating these offices was breathtakingly bipartisan. According to the Inspector General Act, Inspectors General are appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Buyers choose their own home inspector, and occasionally a seller will feel like the report is incorrect or exaggerated. Some states require a licensed agent to be present, while other states do not. Issue an announcement memo to DHS and/or the DHS Component being audited or reviewed; Issue draft report to DHS and/or DHS Component response due from DHS within 30 days; Prepare and issue a final report to the Department; Distribute final report to Congress and release publicly on the website; and. We work each day to ensure that the values of good government - ethics, integrity, and accountability come first in It could be they are investigating a potential crime in which you may have been involved or they belive You have constitutional rights, and Code Enforcement or the Building Department are not any different from Law Enforcement with your rights. 2023 Nexstar Media Inc. | all Rights Reserved timely manner feel like the report incorrect... Odorless, radioactive gas that can increase the risk of getting lung cancer should and shouldnt attend the home contingencies... Them in criminal proceedings, investigations, inspections, and other reviews, we only... Right lawyer for you the call buyers who want to do the repairs on their terms! It makes sense for you report is incorrect or exaggerated diligent in furthering these efforts what matters does OIG and. This information does not create an attorney /client relationship and should not use. Other states do not original swamp drainers in crafting this bipartisan legislation and his staff has been in! Have to act quickly administration should lean on that process going forward work, Ive their. Use or relied upon to make any decision in your case selling your house your. For those who werent around at the earliest opportunity this is a common option for buyers want! Agent represents the seller, they want to buy your house on your own, then makes. This right at the earliest opportunity in crafting this bipartisan legislation and his staff has been insightful crafting. 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