New Inspector with inspection agreement Questions

[Gregory Hart]

Hello all, My name is Gregory and I am in the process of gaining my license to become a home inspector, and in doing so I have been speaking with some realtors as well as inspectors in my area about how an inspection agreement should factor into the inspection process. I have had no luck with getting any information from the other inspectors, as this is a small community and I suspect that there may be some anxiety about helping out someone who may become the compitition. I have spoken with a few realtors who led me to believe that no other inspector requires an agreement to be signed. I was taught in school to always have an agreement signed before performing an inspection. There is no national inspectors organization chapters in this area so I am unable to go in that direction. I would really appreciate some feedback on this issue so when i'm ready to start inspecting this does not hamper my efforts.

Thank you,

Gregory

[Garry Sorrells]

The use of a signed agreement is good for both parties involved.
An agreement (contract) will state what you will do and what you will not do. The agreement makes a meeting of the minds (hopefully). The agreement will also attempt to reduce your liability in areas that you can not control. If the state of Mississippi does not require a signed agreement you should require one signed before you inspect a property.

[Markus Keller]

You'll probably get plenty of variations on an answer.
For me, a potential client calls, we agree on the inspection and a date. I then send them an email with an agreement and other info. Since most inspections are 1 to numerous days out they have plenty of time to review the agreement. Some people sign and send back, others bring a signed hard copy with to the inspection. You can always just bring a hardcopy to the inspection yourself. I suggest though that you nonetheless either have it viewable on your website or send them an email copy. You don't want to get accused of pigeon holing them at the inspection.
Some people use an online agreement on their website. The agreement comes up when the button is clicked, address, price, etc is all autofill, the client clicks 'accept' and done.
As Garry said, always get a signed contract. It protects both parties in many ways.

[Scott Patterson]

Hello all, My name is Gregory and I am in the process of gaining my license to become a home inspector, and in doing so I have been speaking with some realtors as well as inspectors in my area about how an inspection agreement should factor into the inspection process. I have had no luck with getting any information from the other inspectors, as this is a small community and I suspect that there may be some anxiety about helping out someone who may become the compitition. I have spoken with a few realtors who led me to believe that no other inspector requires an agreement to be signed. I was taught in school to always have an agreement signed before performing an inspection. There is no national inspectors organization chapters in this area so I am unable to go in that direction. I would really appreciate some feedback on this issue so when i'm ready to start inspecting this does not hamper my efforts.

Thank you,

Gregory
Where in Mississippi?

Mississippi requires an inspection agreement. Your license number must be on the report, the agreement and all advertising..

Go to my website and you will see my agreement Nashville, Franklin, Brentwood & Middle Tennessee Home Inspections (http://www.traceinspections.com)

[John Kogel]

Join ASHI or similar and get all that stuff, plus get to meet mentors who will take you out on ride-alongs. You may have to travel a bit to get cooperation, but it is the only way to get up to speed.

Right from your first job, you want to look like you've got years of experience and knowledge.

A Realtor may be telling you the way he/she would like things to be. You will be the target when things go wrong. Without a contract, a big, sweaty target with a bull's eye on your back.

[Lisa Endza]

InterNACHI offers a free, online inspection agreement system (http://www.nachi.org/onlineagreement.htm) with time-stamped electronic signature.

And InterNACHI's free, online inspection courses are approved by the Mississippi Home Inspector Board (http://www.nachi.org/mississippiapprovesinternachi.htm) for pre-licensing.

[Rick Bunzel]

Gregory,

Your inspection agreement is essential in setting the clients expectation of what services you will be delivering. It is also your defense against nuisance suits by limiting your liability.

Gather up all the agreements you can find and create your own. Then find a local business lawyer to review the agreement and make sure it is enforceable in your state.

Make sure every client signs the inspection agreement before you do any work for them. We e-mail a copy of the agreement prior to arriving onsite for the client to review. Working for someone without an agreement opens you to all sorts of risks. We take enough risks as it is.

//Rick

[Lisa Endza]

Gather up all the agreements you can find and create your own.Surely Rick is kidding.

[Michael Thomas]

My state requires a signed contract.

My E&O insurance requires a signed contract.

I require a signed contract.

I have a separate contract for SF, Condo/Coop, Townhome and Multi-Unit.

I've attached a copy of my SF agreement, which is specifically designed to meet the requirements set out in a recent IL Appellate Court ruling which allows inspectors to limit liability.

For example, the contract

1) Specifically states that the agreement limits my liability... in BOLD... RED... LETTERS.

2) Specifically requests that the client ask questions about anything they do not understand.

3) Requires to client to initial each section: additional verification that they have read the contract in detail.

I e-mail the contract to the client 24+ prior to inspection, so that they have adequate time to read it.

I have at most one or two client a year who comment on anything in the contract.

Feel free to use any portion of the contract you wish.

HOWEVER FIRST HAVE IT REVIEWED BY A LOCAL ATTORNEY FAMILIAR YOUR STATE LAWS AND REGULATIONS.

[Rick Bunzel]

Lisa,

Why wouldn't you want to see what other agreements look like? Can you tell me that your internacho agreement has been vetted in 50 states and is the best there is? Unless I am drinking the cool aid in Nederland I would have a hard time believing that. Since you do drink the cool aid, you probably do....


//Rick

[Raymond Wand]

I have spoken with a few realtors who led me to believe that no other inspector requires an agreement to be signed.

Very irresponsible of the Realtors to say such a thing. Sounds like they are already trying to influence you and your inspection.

Rick does bring up a good point about reviewing any contracts you can get your hands on. But be sure to have your final draft reviewed by your lawyer.

[Lisa Endza]

But be sure to have your final draft reviewed by your lawyer.What would your hometown lawyer know about the inspection industry? Does he understand every line of your SOP, your software, your narratives? Did he review all the past court cases involving inspectors? What is he going to review it for, spelling and grammar errors? LOL.

Stick with InterNACHI's agreement. We probably have over $250,000.00 invested into that one page.

[Garry Sorrells]

AAAAAAAAAAAAAAAAAAAh---- Let the exaggerating begin----- Oh yes, lets not forget the squabbling.

[Lisa Endza]

Go ahead then. Write your own contract and then pay your uncle Bob who is a collection attorney $175 to review it. :rolleyes: lol.

[Bob Kenney]

It is entirely ludicrous that a realtor would tell you that Home Inspectors don't need or use a signed agreement (contract).

I would immediately ask each of them if they have a signed agreement. Ha, I'm quite sure they do!

The contract not only specifies the extent of your service (what's included) and the limitations (exclusions), it also specifies the terms of arbitration should any disagreement arise. Bottom line is it protects you from frivolous lawsuits and threats of lawsuits.

As others have suggested go to my website and view a copy of my contract.

As a footnote, commercial inkjet paper is available that provides a carbonless signature copy that you can easily prepare and have customers sign without the need to engage a printing service to provide you with contracts.

[Raymond Wand]

Lisa

Its clear you don't have a clue about anything, let alone what you profess to know which is not much about anything.

You never cease to amaze me and others about your ignorance, but I guess thats to be expected given you are not an inspector but a pretend PR person for Nacho.

It behooves no one including Nacho for you to even suggest that Nacho has $250K invested in that page is laughable.

[Raymond Wand]

Oh and Liza its apparent you cannot read either.

Stated on the Nacho site - this caveat - note the asterisks and disclosure at bottom of the page

Start out with suggested wording written by InterNACHO's lawyers.*
Add additional clauses, such as InterNACHI's Hold-Harmless Clause. (http://www.nachi.org/harmless.htm)*
Make any changes you want.*
Hide clauses that don't apply to your business.*
Save your changes for future use.
Add specific notes pertaining to an inspection to each individual agreement.*
Add additional terms pertaining specifically to a client.*
Sign it digitally according to your state's regulations.

*You should consider having your own lawyer review the InterNACHI agreement and suggested clauses.

Now.... why do you suppose its suggested that you have the Nacho contract reviewed by your own lawyer?

[Scott Patterson]

What would your hometown lawyer know about the inspection industry? Does he understand every line of your SOP, your software, your narratives? Did he review all the past court cases involving inspectors? What is he going to review it for, spelling and grammar errors? LOL.

Stick with InterNACHI's agreement. We probably have over $250,000.00 invested into that one page.

I just had to save this statement, it is priceless! She does not even know what is on her website and she is in charge of communication for their organization!

[JB Thompson]

Gregory,

Since I'm already in this mode of thought from another thread....

Why don't you contact other inspectors NOT in your service area? They would be more likely to feel anxious.

Other than that, get an agreement and don't let anyone tell you not to.

Bruce

[wayne soper]

lisa, can you post a copy of your agreement as others have, or allow access to one without having to join your club?

[Lisa Endza]

lisa, can you post a copy of your agreement as others have, or allow access to one without having to join your club?

Certainly. InterNACHI's Inspector Library of documents, forms, clauses, and agreements. - InterNACHI (http://www.nachi.org/documents.htm)

[Garry Sorrells]

Certainly. InterNACHI's Inspector Library of documents, forms, clauses, and agreements. - InterNACHI (http://www.nachi.org/documents.htm)


Since Lisa has issues as a communicator, here are the correct links rather than having to root through the link that Lisa provided.

InterNACHI's residential inspection agreement (http://www.nachi.org/newagreement.htm)
Between inspector and client.


All of the following Agreements are for MEMBERS' USE only:

file:///C:/DOCUME%7E1/Garry/LOCALS%7E1/Temp/msohtml1/01/clip_image001.gif (http://www.nachi.org/documents/InterNACHI-Agreement-Rev-2-5-11.pdf) InterNACHI Agreement (PDF format) (http://www.nachi.org/documents/InterNACHI-Agreement-Rev-2-5-11.pdf)
file:///C:/DOCUME%7E1/Garry/LOCALS%7E1/Temp/msohtml1/01/clip_image002.gif InterNACHI Agreement (MS Word 2003 doc) (http://www.nachi.org/documents/InterNACHI-Agreement-Rev-2-5-11.doc)

file:///C:/DOCUME%7E1/Garry/LOCALS%7E1/Temp/msohtml1/01/clip_image002.gif InterNACHI Agreement (MS Word 2007 docx) (http://www.nachi.org/documents/InterNACHI-Agreement-Rev-2-5-11.docx)



(http://www.nachi.org/documents/InterNACHI-Agreement-Rev-2-5-11.docx)
Cohen cautions that laws vary from state to state, but believes the updated InterNACHI form provides a good starting point in any jurisdiction. Colorado home inspectors can receive a form specific to Colorado free of charge by sending an email to mark@cohenslaw.com.

[Garry Sorrells]

Referring to the agreements offered by Lisa, there seems to be a conflict in that the Internachi attorney Mark Cohen makes the comet that the offered agreement only " provides a good starting point in any jurisdiction".

Also, there is a limitation stated as to the state that an agreement covers by virtue of the offer "can receive a form specific to Colorado free of charge" which would make you think that the agreement is not applicable for all states.

So gathering copies of agreements being used by others is no different that what Internachi is really offering and suggesting for the HI member. Which makes me question Lisa's statements :

1) "Surely Rick is kidding. " ,

2) "What would your hometown lawyer know about the inspection industry? Does he understand every line of your SOP, your software, your narratives? Did he review all the past court cases involving inspectors? What is he going to review it for, spelling and grammar errors? LOL.

Stick with InterNACHI's agreement. We probably have over $250,000.00 invested into that one page."

3) "Go ahead then. Write your own contract and then pay your uncle Bob who is a collection attorney $175 to review it. :rolleyes: lol."

Being positive regarding your company is one thing and boasting with unfounded support is another. A half truth is still a non truth. It would seem that Internach would fail in the say way as your criticism of others.

The underlying reason of this post is to convert boasting and the exaggerations into a truthful fact based discussion. Embellishing beyond what is actually offered is disingenuous.