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Inspector Toolbelt Talk
A weekly home inspection podcast hosted by the founders of Inspector Toolbelt - the premier home inspection software. Get tips, insights, strategies, and more from our hosts and guests to help give your home inspection business a boost. Ian and Beon are property inspection and tech industry veterans with over 20 years of experience each. Sometimes they even stay on point :)
Inspector Toolbelt Talk
My Favorite Report Disclaimers
The power of well-crafted disclaimers can save home inspectors from costly legal battles and unreasonable client expectations.
• Disclaimers about differing professional opinions protect inspectors when specialists later suggest more extensive repairs
• Clear language about inspections being limited and visual only sets appropriate client expectations
• Statements clarifying that inspectors cannot find every defect help manage client expectations about minor issues
• Code compliance disclaimers prevent inspectors from being held to varying and changing building codes
• Environmental hazard disclaimers limit liability for potentially harmful substances unless specifically tested
• Statements placing responsibility on clients to follow up with specialists provide crucial legal protection
• Language discouraging DIY repairs helps avoid liability when homeowners attempt their own fixes
• Including disclaimers as tabbed sections maintains report readability while providing necessary protection
Always have your disclaimer language reviewed by a qualified attorney to ensure it's appropriate for your specific jurisdiction and business model.
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*The views and opinions expressed in this podcast, and the guests on it, do not necessarily reflect the views and opinions of Inspector Toolbelt and its associates.
Ian Robertson
Welcome back to Inspector Toolbelt Talk everyone. So today we're going to continue our report writing series. We've been doing this most of season five so far, and I have to say, the feedback has been amazing. Before we get into our subject here, we're going to talk about a few disclaimers, but I just want to read something that a listener sent me today. It says, "I've been in the business for 21 years, and your podcast has been a huge game changer for me, and last week's 15 minute podcast was probably the biggest and best change I could implement. So thank you for all your hard work." You know, messages like this just make my day. And I'm really glad, whether you're a user of Inspector Toolbelt or not, that we're able to contribute to the industry like this. I love sharing everything that I have with everyone. If you have requests, send them in, and I gotta say that one just kind of stuck in my head. We get a ton of people just writing in and thanking us and calling us and at the conference that we went to, and just thank you everybody for listening. And I'm really glad that this has contributed to at least making some of your lives a little bit easier in the industry.
Ian Robertson
But today I wanted to talk about disclaimers. Now I have a bunch of disclaimers, both in my agreements and in my reports, but I wanted to share just a few today, my favorite ones and ones that have been proven over time. Now with this or any other part of anything that we talk about, always run it by an attorney first, a qualified attorney. The reason I say that is, everybody's different, everyone has a different opinion. This may have worked for me, maybe not you and your state and with what you do, etc. But these have been really great disclaimers for me and have helped me in many different situations. So if you're listening and you like one or more of these, just go to our transcript, and we have a great transcriptionist here. She takes it from AI and then makes sure everything is all clear and accurate with the words that we say here. And you can copy and paste it, but again, run it by an attorney first, but take any of these that you'd like. Some of these have just grown to be my favorites over time.
Ian Robertson
And that's one of my favorite disclaimers, and I have this in my agreement. The reason being is, there's a sag in one of my floors. I was looking at it the other night. I obsess about it, I measure it, I check on it. Been there for 10 years, you know, not a big deal. I also added some supports underneath. My house is a little older, and it's not a big deal. You have some other dude come in and look at that and say, oh, man, this house is falling apart. Without that disclaimer in there, without having the client agree to it, really hard to argue that. I'm like, well, you paid for my opinion. Yeah, but the expert said something different, I'm like, well, that's their opinion. They're like, well, they're the expert. And I'm like, well, I'm not. And you have this round and round argument. I have pointed this out so many times. I'm like, okay, I can appreciate it. The roofer came and failed the entire roof and the sheathing and the framing, and says he has to remove all the insulation. And we could do the old argument of well, they're just trying to make work for themselves. But I'm like, you know, I didn't fail the sheathing and the framing, because, in my opinion, it was perfectly fine. Look what you agreed to in the agreement, and then I have them read it. Well, I don't, nobody ever reads those things. I'm like, look at it at the end of your report. Oh yeah, I guess you said it there too. I'm like, maybe get a third opinion, because I'm looking out for your best interest. How do I benefit if I fail your roof, but not your sheathing? And they're like, oh yeah, you know what? You're right. This disclaimer, in of itself, has been one of the best ones that I have ever used. In other words, in short, I'm saying you're paying for my opinion. If you pay for two opinions, and they're two completely different opinions, that's it.
Ian Robertson
Now I bring up my floor because you know what, a lot of times we like to say, well, it's black and white. It's either a defect or it's not. I think if you spend any five minute period on any of the Facebook groups, you're gonna see it's not that black and white. Yeah, if there's no chimney flashing, that's obviously a defect. But then we get into some squishy areas, like, okay, there's a bowed foundation wall. At what point does it become a defect? And at what point is it, you know, marginal? At what point is it, okay? You know, could we use units of thirds if it's displaced more than 1/3 of the eight inch block, whatever it happens to be. There's a lot of opinion that goes into what we do. And if you inspect older homes like I do, I still remember the one day I inspected a home that was built in the late 1700s and then this was probably 10, 15, years ago, and then my afternoon inspection was built in like 2010. Those are two different worlds. You know, what's defective in one house is really not going to be defective in another, you know? So use that disclaimer if you'd like.
Ian Robertson
I'm going to start off with one of my favorites, of my favorites, and this one has saved me so many times. I have this at the end of my report, I believe, and also in my agreements. So it says, "Note, that many other ideas and opinions exist as to what or how something should be done, installed, or operate. The buyer or client is free to consult whomever they choose after the inspection, but the inspector is in no way bound to the opinions or advice of others. The client agrees that the inspector cannot and will not be held responsible by the client or any other party for the opinions of others or codes applied in a municipality when they differ from the opinion of the home inspector."
Ian Robertson
Here's one that's a little bit more what we would consider generic, but the language was fine tuned over time by attorneys, other inspectors and even some agents contributed to it. But it says, "This was a limited visual inspection of apparent conditions in the readily and easily accessible areas that existed at the time of the inspection. As such, this report was a snapshot in time. Only areas specifically mentioned in this report have been inspected, and those areas not mentioned are not part of this inspection. No warranties or guarantees are given or implied. There was no destructive probing or dismantling of any components except when applicable and noted. Removal of the access panel covers on the electric panel and heating unit were removed when applicable. Additionally, any repairs after the inspection may reveal defects that were not accessible at the time of the inspection. Any and all visual problems observed should be verified with the appropriate qualified contractor, electrician, plumber, or qualified professional in that specific field of work for corrective measures and cost estimates. We are not liable for any defects or deficiencies."
Ian Robertson
A couple things kind of pulled us apart a little bit. That last sentence, "we are not liable for any defects or deficiencies", that was actually added by an attorney. And I forget the exact circumstances, but basically, that attorney would always say, if you say three things are excluded, and there's 10 things, that implies the other seven things are included. So this whole paragraph basically said, if I can't see it, I'm not liable for it. So that means I was saying that I am liable for the things that I can see. If that makes sense. So that last sentence, we are not liable for any defects or deficiencies, basically says, I'm just extra not liable for the ones I can't see. It's important to note that most reports that I've seen that have a similar disclaimer, they'll say things, there was no destructive probing or dismantling of any components. But then at the same time, it's like we took apart the heating unit a little bit. We took panel cover off. We took the panel cover off of the electric panel, you know, the dead front, and other things. So that's where we added, except when applicable and noted. So that one's more for the new guys out there, the previous one, little bit more advanced for us. Either of these are pretty awesome to use.
Ian Robertson
Here's another one. This is probably my second favorite disclaimer. It says, "This report and inspection are not intended to discover a comment on every item that is in need of repair or that is defective or could lead to defects. This report and inspection are not intended to report on the presence or possible presence of rodents, bats, wild animals, or other types of pests not associated with WDI." This one has gotten me out of so many jams, so I write a very thorough report. If you guys saw my reports and you heard my podcast we did with David Nyman end of last season about keeping your report simple, you'd laugh, because I'm just an overly detailed guy, and it's just, it's obnoxious. I'm sorry. I get like that sometimes. So oftentimes, when we're very, very particular and we write a very, very thorough report, clients get the impression that he wrote down everything. So when they find a little thing like, oh, there was a hole in the wall behind the couch, or there was a dent in that, you know, the bull nose on that stairwell, I don't know, anything, they're gonna start saying, hey, whoa. Now he missed something.
Ian Robertson
I've had clients call me. There was a scratch on a stair. Okay. I'm like, the house was near perfect. Did somebody scratch it on their way downstairs? It was barely a scratch. And I just said, listen, look what it says at the end of your report, right there. Oh, yeah, not to find everyone, but find what's within reason. And then we move on, yeah. That's also gotten me out of some legal issues, all sorts of different things. Make sure that we mention that we are not there to find every defect, every issue. Now, do we try to find every defect? Yeah. Can we? No. Listen, if we think we can, we're just fooling ourselves. Every defect would imply that stuff that we can't even see. Some defects are also not apparent while we're there. Maybe that circuit is shut off because they're doing work on that part of the house and we can't test it, then they turn it on. Whatever it happens to be, there's always going to be some weird circumstance that we couldn't find. But more importantly, this is for the little stuff that people complain about, my closet door sticks when I open it. Okay, get some WD-40, have a good day. This just reminds them, we're doing a very thorough inspection, everything that is humanly possible. If you find scratches on your walls and things like that, move on with life. Alternatively, in every one of my reports, I write on wall and ceiling surface areas, there's a little component in my template for that, and it says "minor surface damage and wear noted throughout." I have had that in my report probably 17 years, so most of my career, and I have never had to take it out of any report. I've never been in any house that I couldn't say that there wasn't a ding in the wall somewhere or a scratch here or there, it's just never come out. So I just leave it in there. I mark it as a maintenance item, and it stays in every report. That way, when they find those things, they're like, oh, Ian said there was a minor surface damage, okay. Those are for the very persnickety clients, the ones that are so particular that their house is near perfect and they are just completely upset that there could be a ding in their wall on the fifth bedroom on the west wing of their home. It just kind of covers us.
Ian Robertson
This one is going to have some controversy, but codes. Well, actually, before that, let's reverse back to the rodents, bats, and wildlife and things like that. I'm going to tell a quick story as to why that ended up in my disclaimers, and it's helped me many times. So do I report when I find signs of rodents in the house? Yeah, all the time. I make a note. There have been times where they've gone and done exploratory testing and exploration. They find all these giant mouse nests, and, you know, especially bats. Like one time there was like bats that were protected in this person's attic. Like they were protected, the only way to get rid of them was they had to build these special little houses. And I wasn't there for this, so this is just after the fact, they had to build these special houses for them off in the back, and then they had to slowly exclude them from their attic. I'm like, I reported bats in your attic. I'm not checking to see if it's some specially protected bat. I always let people know, if I see signs, I'm gonna make note, but I'm not here specifically to check for rodents and wildlife. And the reason that came was, again, early on in my career, there was no spark arrestor on this chimney. So, you know, it'll have that little mesh around it too to keep animals out and things like that. So I took a picture, three sides of the chimney, or all four sides, actually, and no signs of wildlife, etc. But I made note that there was no cap on there. I don't know, three months later, two months later? It took them a while to close. They called and they said, we're suing you. And I'm like, why? And she's like, my husband opened the damper to use our fireplace, and bats flew out. He screamed and ran through the house. I'm picturing this guy running with his arms flailing, and then he hit his leg on a table, and he had to get stitches. And now we have medical expenses, etc, etc. Fortunately, we should have a whole podcast on, you know, cover yourself photos. I'm like, I mean, I told you to put the cap on there. I told you it was missing. You're telling me. And they told me, they're like, oh man, there's bat guano all over the chimney. They should have known. I'm like, I have pictures of just about every possible angle of this chimney. There's no bat guano. And she hung up. Never went to court, never heard from him again. But that's where that disclaimer came from. Be careful with the wild animals. I don't like to put them in the reports, because I don't like to put it in my agreements that we will look for them, just from bad experiences like that.
Ian Robertson
Anyways, moving forward to our next disclaimer. This one is about codes. Now I have a definitive opinion on this, but listen to the disclaimer first. "No check is made for building/housing code and conformance. Such codes are normally guides that are applicable during construction to be executed by duly authorized personnel to interpret and cite, as per their judgment. There's often wide variance in jurisdictions, changes over time, and judgmental differences. We are not an authorized local code official." Now, I see this all the time, and I'm going to give my opinion on it, and I'm going to give the opinion of pretty much every attorney that I've ever talked to, to consult with on our reports, and we've paid and worked with a lot of attorneys for this. Code is bad news, and for the reasons that I put in that disclaimer. First of all, if you mentioned code once in your report, going back to that principle that I talked about with the attorney, if you mentioned code for one thing, the client can interpret that as well, you should apply code to everything. So think about it this way. You're like, well, yeah, you have to meet code. Okay, house built in 1969 has two by four exterior walls, because that's how they built houses back then. Somewhere in the mid 80s, most municipalities went to two by six exterior walls. So if you start talking about code in a home built in 1969 with two by four exterior walls, are you gonna fail their exterior walls? Really? Because, I mean, that's what it comes down to. And I can't pick and choose where I say so, I'm like, okay, well, code says you have to have this kind of breaker in your panel. Has to be an AFCI breaker to the GFCI up in this bathroom that has not been remodeled since 1969. This is in failure. Any good attorney, so let's run through a scenario. These people get a contract, and a contractor is like, hey, man, you also have two by four exterior walls, they should be two by six, because he's just some sort of doof trying to make a buck. Now they go to their attorney, and attorney's like, well, he did mention code, but he didn't mention code about your two by four exterior walls. You're sitting in court. How do you defend that? I pick and choose where I put code in? Now, the other thing to think about is, most municipalities in the US, I don't know how it works in Canada, will hire their own code enforcers. And in a lot of states and areas, AHJs, people who have jurisdiction, will pick and choose which codes that they enforce. So for instance, one of my areas used old electrical code from the early 2010s and didn't update it until just recently. And their reasoning on it is like, we can't enforce new code every time the new code comes out, it's too much work, so we do it every third time, which I can't remember, every third time is a little over 10 years I believe, something like that. But if we're enforcing code that the municipality isn't enforcing, what are we doing? Because that's their job to enforce it. So code is for new construction in most municipalities. Very few places will ever say old homes have to be brought up to new code, unless they're remodeled. And even then, some only require you to bring up the code the things that you actually touch.
Ian Robertson
So much so that some states, a lot of SOPs, restrict us as home inspectors from inspecting for code. In fact, in New York state law, it says home inspectors shall not, and shall not means don't, can't, won't ever. It's not a matter of home inspectors are not required to, it says home inspectors shall not do any anything having to do with code. There's a reason for that, and we in New York State got to write our own law by the way, I mentioned New York State because it's the one I'm most familiar with. But we've got to write our own laws, because we had a council of home inspectors. Don't mention code. I mean, there's the whole argument, well, you know, code is how we know when things work or they don't. I'm like, okay, you can use it as a guiding principle, but you'll never see that word or mention of it or what it should be according to code in any of my reports. What I would inspect in electrical in my town would be completely different from the next biggest city over. They literally enforce two different versions of the code. My local code enforcer inspected an addition I got put on the back of my house recently, and he let something slide that actually wasn't up to code, that didn't bother me. I was there when he said it, I'm like, yeah, that's fine, but he's just like, okay, and he had every right to do that. It was his application of what the code says. So it wasn't a big deal, wasn't like something was going to catch on fire. It was double jack stud versus single jack stud. Anyways, whether or not you agree with that, it's a fantastic disclaimer to have in our reports.
Ian Robertson
Here's one that we talked about on a previous podcast, but I wanted to give you the full letter of it. "The inspector always recommends having a qualified professional examine every item in this report and make the needed repairs and examination of said items and should be done prior to finalizing the purchase. It is the responsibility of the buyer or building owner to ensure that this is accomplished and is not the responsibility of the inspector or its associates." That is an important one. That puts all of the obligation on them, because our job really ends. We tell them, this is what we found. People love to call us and say, oh, the dishwasher broke. I'm like, I know. I said it was going to. I'm like, it was barely functioning. Yeah, but it broke. You know, I avoid those arguments saying, well, it says, right here, examine every item. Did you? Well, no. Okay, now, the reality of things and the legality of things are often two different things. Do I really expect every client to go through every item in the report and get a specialist for each of those things? No. Their agent is going to look at that and go, all right, nobody's doing that. But when the attorney calls and says, hey, the thing that you said was a maintenance item, six months later finally broke, and my client tripped over it and smacked his head. We want to sue you. That disclaimer comes in very, very handy. It has come in very handy with some legal issues that I've come up with, and I always know it's a very good disclaimer when it ticks off an attorney. An attorney got ticked off at me because I had that disclaimer in there. His client didn't do it. He literally yelled at me on the phone. You just put that in there to protect yourself, dude, that's not right! That's not right! And I'm like, okay, I'm sorry, have a great day, and never heard from him again. He knew that one thing kind of just killed his whole case, and he didn't know that it was in there. He kind of called all cocky, like, gonna get some money out of this guy. And it was just something that I told my client, I'm like, this is a maintenance item now, give it six months, and it's not going to be. And I specifically mentioned it, showed pictures, yada yada yada. But that has saved me so many times. If it ticks off an attorney, it's usually a good disclaimer in my mind, an opposing attorney, I should say.
Ian Robertson
This is one that I've always put in for kicks and giggles. Our next one. "Unless the buyer or building owner is a qualified professional, all investigation and repairs should be done by another qualified party. It is not the recommendation of the inspector or its associates for the buyer or building owner to make the repairs themselves." Man, I love that one. If we are not clear, we always think we're clear, until we realize we're not and somebody misinterprets it. That happens to me all the time. I'm like, man, I couldn't have been more clear. And then somebody interprets it away. I'm like, I can see how you got there, but how? Okay. So if we say repairs or replacement recommended. Now the seller says, well, I'll fix it for you, to the buyers, and they go, okay. And he fixes it. The buyers come back a year later and they're like, hey, the seller fixed the roof and it's leaking now. You told us to just get it fixed, and now it's leaking. Your suggestion didn't work. There's a little wiggle room for what's called a negligent referral case, not really, but kind of like you weren't clear. You didn't tell them to get a qualified professional or you didn't tell them, make it clear that they should get someone else to do it. So they tried to do it themselves after they moved in. They're like, this was a much bigger job than we expected. I had a client do that to me one time. Ian, you told us to get all the, I forget what it was. I think it was the floor joists were over spanned, and they had to sister some up. And it was a big job. It was expensive. I marked it all in red, and they said it was a bigger job than we expected. What are you going to do about it? I'm like, what do you mean what am I going to do about it? I told you to get a qualified professional, and that's why I always put that in there. So in case I ever accidentally word something not perfectly, I can always refer back to this disclaimer at the end of my report. Don't do it yourself. Don't let the homeowner do it. Get an actual qualified professional.
Ian Robertson
The next one is a very simple one. Says, "No cost estimates, guarantees or life expectancies are given or implied by this report or by the inspector." Now that one came from an attorney, because if something can be misunderstood or implied, that word is important, or implied as a guarantee, kind of like we talked about talking in the past tense, what if we accidentally talk in the present tense? That's already been used as a legal precedent to imply things as a guarantee, the heating unit is in good working condition. Okay, this gives us a little bit more of a defensible position. Listen, we didn't give cost estimates, no guarantees, no life expectancies were either given or implied. With that one liner, can save you quite a bit. I don't have any stories that go along with that one. I just remember an attorney going, yeah, you need that in there.
Ian Robertson
This one is one of the last things that I put in the end of my report one. I have a big section at the end with disclaimers in it. And if you don't like all the disclaimers, people are like, oh, the report, you know, looks like one big, long disclaimer. Listen to Joe Ferry's, he's the home inspector lawyer, he did a talk one time, and it's on YouTube, and he talked about, he goes, disclaimers are your best friend. He goes, put them in the report. And if you use Inspector Toolbelt, you can actually put them in tabs so it doesn't take up the whole report. It's just tabs. It's there if they want to read it, there for our purposes, but they don't have to. It's not going to crowd out the whole report. And if you don't, it's just an information tab, and then they can cycle through them. But either way, I digress. Here's the note, or the disclaimer. It says, "If a specialist is brought in and estimates are sought to bring the unit up to current code, safety regulations, or for what the specialist deems safety issues, those opinions/assessments may greatly exceed the inspection, which is based on a visual only inspection under our standards of practice." Now that sounds similar to the other one that we had mentioned, but this one actually has a little bit of a twist to it. So this is, we go and we inspect a 25 year old heating unit. In my area, there's lots of those. We inspect it and we say, the fire box is bad. Okay, this unit is 25 years old. Fire box, maybe 800 bucks. So now the HVAC guy comes in and says, yeah, but I can't, in good conscience, work on this. They like to say that in good conscience, safety issue, whatever, work on this, unless I bring this all up to code. Now the client's calling and saying, Ian, you said there was a fire box that was bad. He's bringing it up to code. That goes back to the one about opinions. I'll refer them back to that paragraph, but I'll also refer them to this one. I'll say, listen, I found a defect. I don't inspect for code. See that other paragraph, but see this. That greatly exceeds my standards of practice. My standards of practice are basically, does it work or does it not? Everything works. And if you really want to put yourself out there, I don't recommend it, say, listen, when this was installed, it was very likely up to code. Code changes all the time. If you get this heating unit worked on again in eight years, if it's still around, it'll need to be brought up to snuff again to the most current code. Once I explained that to people, they would always go, well, some would get irritated, they're like, oh, well, you should have just called it out. But most will be like, okay, that makes sense. I think he's just trying to make a buck on me. I'm like, yeah, he needs a new firebox. You know, just find somebody that'll work on that. I don't know if you can tell from the tone of my voice. Most of the HVAC guys in my area, I do not trust, not a second. I could go on all day with stories about them. So this one in particular came out of bad HVAC company experiences. They're like, oh, this isn't up to code. We have to take it out. It's a fire hazard. By the time they called me or or wrote me an email, they put in temporary heating and they're ripping the unit out. It's like, well, I can't do anything for you now.
Ian Robertson
So one last one is environmental conditions. So if we do environmental testing, cool, kind of adapt this one as you see fit. But this one was very important because environmental conditions lead to some of the largest legal issues. If you have a $30,000 roof, typically, your liability is going to be the cost of the inspection if you have that right disclaimer in there. But more importantly, hypothetically, the worst that could happen is a $30,000 claim. Okay. With health, now you have a different problem. Somebody gets asbestosis, okay, mesothelioma. Whoa. All, right. Now, how do they find the limit of the liability? This person's life has changed. One of the most horrific things that I've ever seen was a short few second clip of a child receiving chelation from lead poisoning, still breaks my heart. Oh, my goodness. How do you put a limit to that liability? You really don't. So this is what I always put, especially because most of the housing stock in my area, something like 70 or 80% of it is built before 1970 or whenever the lead law issues changed. It says, "Environmental conditions: Unless otherwise indicated," I don't actually put the word colon in there, by the way, not that kind of colon, the grammatical colon. But anyways, "Unless otherwise indicated, the inspection and report do not address and are not intended to address, the possible presence of or danger from any potentially harmful substances and environmental hazards, including, but not limited to radon gas, lead paint, asbestos, urea-formaldehyde, toxic or flammable chemicals and hot water or airborne hazards." We need to make that very, very clear. And then if we do mention it, like, if there's asbestos looking siding, I'll say something along the lines of siding is consistent with what has been known to at times contain asbestos. And then yada yada yada about a qualified professional. This is not an asbestos inspection. These are purely a courtesy comment, things like that. Those are ways to still protect your client, but at the same time protect us. Because at the end of the day, you know, I remember a guy too. He's just like, not all that siding is asbestos containing, and he's right. Or you think about nine inch tile, a lot of nine inch tile in my area, not all of it is asbestos containing but I see home inspectors put those in their reports like, this is asbestos tile, I'm like, it is? Did you test it? If you didn't test it, say it's consistent with materials that can contain asbestos, but no testing was done, etc, etc.
Ian Robertson
So these are just a few of my disclaimers. I have more, and at some point, I will share the rest of them with you. But I think this gives everybody just a little bit of a glimpse into some of the disclaimers that if you'd like to use them, feel free, check out the transcript, copy and paste. Run it by your attorney first, but otherwise, thanks for listening IT crowd, and keep the suggestions coming in. And thank you so much for the great feedback. We love it. We'll see on the next episode.
Outro: On behalf of myself, Ian, and the entire ITB team, thank you for listening to this episode of Inspector Toolbelt Talk. We also love hearing your feedback, so please drop us a line at info@inspectortoolbelt.com.
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*The views and opinions expressed in this podcast, and the guests on it, do not necessarily reflect the views and opinions of Inspector Toolbelt and its associates.