Thread: Contract
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Old 04-21-2008, 06:58 PM
Tom Edwards Tom Edwards is offline
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Join Date: Feb 2008
Location: High Point, NC
Posts: 42
Re: Contract
Thanks for the friendly reply.
I was a little concerned that I might get blasted for my remarks.

I see your comment and understand your concern regarding liability for "unknowns" as you decribed your Instructor's experience.
I explain to my clients in my report that the "view" on insulated windows, as an example, can change daily due to temperatures and the angle of the sunlight through the panes. I make my statement in my report and that settles it. There may have been others that were "fogged" but they "did not present" during the inspection. Try thinking about your inspection as a doctor might during a "physical exam" for a patient. I think it might help you with the concept of liability and what "presents" during the "exam".
Having said that....I am looking for the day when "fee return" language in an inspection agreement will be rejected "out of hand" by even the least savvy homebuyer.
This profession will never get out of the blue collar era as long as we act like blue collars.
I place no limitations on my liability to my client.
I have studied the issue quite thoroughly attempting to view it from both sides. No merchant can stay in business very long by "giving the store away" each time someone complains about the service. I believe I have positioned myself and my service in an equitable position with my client. I provide a valuable service and charge all that I feel I can in my market. I place some liability on my client to read the report and follow up on all my recommendations prior to purchase knowing that there may be further discoveries made "prior to purchase" that aids my client in his decision to buy.
Placing a limitation on your liability just defines how you view your own abilities. If you believe yourself to be a professional "worthy of your client's trust" I would rethink it.
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