Thread: Agent signs contract for buyer

Have you ever had an agent sign your inspection contract for the buyer ?

Best

Ron

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Originally Posted by Ron Bibler

Have you ever had an agent sign your inspection contract for the buyer ?

Best

Ron

Yep.

My contract had a line for the client's signature which stated:

________________________________
Client's Signature
(or person representing themselves as CLIENT or CLIENT’S REPRESENTATIVE)

Originally Posted by Jerry Peck

Yep.

My contract had a line for the client's signature which stated:

________________________________
Client's Signature
(or person representing themselves as CLIENT or CLIENT’S REPRESENTATIVE)

So Jerry If the Client did not ( read ) or ( sign ) the contract how can the Client have any right to the report? or in court.

Best

Ron

Yes have had agent sign on behalf of client, but it does not happen very often. Have also had agent pay on behalf of client.

Originally Posted by Ron Bibler

So Jerry If the Client did not ( read ) or ( sign ) the contract how can the Client have any right to the report? or in court.

Best

Ron

Huh?

The person who signed did so as the client's representative. Says so right on my contract. It would be very difficult for the agent or whomever to then say the client did not have any right to the report.

Originally Posted by Ron Bibler

Have you ever had an agent sign your inspection contract for the buyer ?

Best

Ron

No.

I email the contract if needed. I have them sign it, scan it, and email or fax it back. I know it's a copy but it's better than nothing. Or is it?

I do the same as Jerry and have a similar statement.

Truth be known, the contract is more of a bluff. If you screw-up on an inspection a contract will not protect you against professional negligence.

Its adviseable to put your contract up on your website and have the clients print it out and bring it signed to the inspection.

Originally Posted by Raymond Wand

Its adviseable to put your contract up on your website and have the clients print it out and bring it signed to the inspection.

I agree on having the contract posted at your site. However, suggesting the client print it out opens a door to trouble.

You can never be sure that someone might edit the contract before printing it. Are you as the inspector going to read the contract that is printed by someone else? If not, you better be the one who prints it.

Originally Posted by John Dirks Jr

I agree on having the contract posted at your site. However, suggesting the client print it out opens a door to trouble.

You can never be sure that someone might edit the contract before printing it. Are you as the inspector going to read the contract that is printed by someone else? If not, you better be the one who prints it.

If some one would do something like that you are in big trouble... as that kind of a person has bigger plans for you...

Best

Ron

I e-mail a blank template of the agreement to the client before the inspection so they can review it. If they have a real problem with the verbiage, they can bail before the inspection even takes place (that's happened a couple times). Then I have them sign a completed agreement at the inspection.

I email a filled-out copy of the contract to the client to give him/her a chance to read it in advance. Apparently, if you don't do something like this, in Pennsylvania, at least, the client can claim he/she signed it "under duress" at the home inspection and it can get thrown out.
At the inspection I ask if they read it and if they have any questions, and then I have them sign two copies, which I provide, which I also have signed, and they get one and I get one.
I'm sure Scott knows what he's talking about with regard to the relative impotence of the contract, but this may vary by state.

"Truth be known, the contract is more of a bluff. If you screw-up on an inspection a contract will not protect you against professional negligence."


More of a bluff???? You are correct if you are negligent a contract isnt going to get you a "get out of lawsuit free card".


My contract has a lot more in it than if I miss something, and I am sure it is enforceable. My E&O carrier requires a copy of it before they will even write the policy. It protects them and me from items other than negligence.

If the agent has a buyers representative contract with the buyer, legally they could sign your contract agreement on their behalf.

rick

I second Scott. When I went to small claims court email correspondence proved to be more valuable then the contract. The judge didn't even care about the contract.

I would never allow a Real Estate Agent to sign a contract for my client.

Unless they had a Power of Attorney (notarized) That authorized them as a signer.

I cant imagine any agent wanting to sign the agreement. It opens them up to more liability.

We email a contract as soon as the inspection is booked. The client agrees before we start the job. No misunderstandings that way.

Originally Posted by Scott Patterson

I do the same as Jerry and have a similar statement.

Truth be known, the contract is more of a bluff. If you screw-up on an inspection a contract will not protect you against professional negligence.

Above is true.
I have done many inspections for Lawyers and none read my contract.
I asked one why he did not read it and he said do a proper inspection and every thing will be fine ,Screw up and no contract will keep you out of court.
Yes done many inspections where agent signs for the client .
Doing one Friday and will send report expect check in a few days.
Did one today client forgot his cheque book I will see the Chegue in a few days.

Never ever had a concern about getting paid or who signs for the inspection.
I love the simple life hope it stays the way it is.

Roy Cooke ... RHI....

So would you think that a law firm would drag the real estate agent into a lawsuit and hold the inspection company and the real estate agent for what ever the case would be. I would think so.

Kind of like the deep pockets thing. Name every one they can.

Best

Ron

I have done many inspections for Lawyers and none read my contract.

It's funny how things vary. My lawyers tend to read my contracts word for word, and I've had a couple of them ask if they could modify something here and there.

Folks, ya just can't worry about lawsuits. If you do it will drive you crazy and out of the profession. Lawsuits are not a prevalent as everyone thinks. Sure they happen, but you have to put everything into prospective.

Contracts or agreements as I like to call them should be looked at as a road map of your inspection and service. You are spelling out what you do and what you don't do. It really should not be full of disclaimers, but as we all know most are nothing but disclaimers. Don't get me wrong, I think every inspection should have a written contract just so that everyone knows what is going to take place.

For what it is worth; this week I picked up a new EW case. It is a shotgun lawsuit and it is a mess. The inspector I think will get off but it will cost him/her a little bit. They do have E&O so that is a good thing. Everyone had a contract and they have not even been introduced into discovery. Only the sales contract has been introduced! It is in a unlicensed State, so that makes it a little more exciting and unpredictable.

Scott

Therein lies the problem the lawyer and client think they have a case, but no evidence is presented until discovery where it is picked apart then the opposing parties see the realities.

Any good lawyer will research the case and advise the client of his chance for success and he can do this by reviewing case law with similar circumstances. But if the lawyer can charge for the time and keep the client hopeful well; .... need I say more? After all the defendants E&O is going to foot the bill so why wouldn't the lawyer string the clients along?

The only winner is the lawyer.

Originally Posted by Raymond Wand

The only winner is the lawyer.

Well, I would also say that I'm a winner as well! This case if it follows the pattern should be around 10-15 hours of work. It gets to the point that you just look at it as another job and you just do your part.

[quote=Scott Patterson;94965]Folks, have to put everything into prospective.

Contracts or agreements as I like to call them. I think every inspection should have a written contract just so that everyone knows what is going to take place.

For what it is worth; this week I picked up a new EW case. It is a shotgun lawsuit and it is a mess. The inspector I think will get off but it will cost him/her a little bit. quote]

Hey Scott. got few Question for you If may ask...

What is the one thing you see the most of.

Is it the inspector just overlook something ?

Did not known what he was doing ?

And if you have a contract with a buyer. have you ever had the contract overlook by the judge like say The inspector did not look in the attic due to unsafe working condition. like damage framing. and stated in the report.

It was stated in the contract unsafe areas will not be inspected.

Or the inspector did not inspect the sub-structure due to unsafe working condition like excessive moisture.

Stated in the report as unsafe.

I'm just trying to get an understanding of the law as it has been applied
to HI.

In my 30 years never been in court over an inspection.

But crap happens.

If any one else has some input please input

Thanks

Ron

I did an inspection yesterday that the client's lawyer friend attended. I was going over the contract with her and he stated "Don't sign that until we can talk about it" I stopped everything and told them go talk about it because no contract no inspection. He came back and stated he didn't like the arbitration clause and we'd have to change it.
My answer was "what can possibly be wrong with it since it was written by a lawyer". No contract no inspection. Client signed and we continued.

[QUOTE=Ron Bibler;94995]

Originally Posted by Scott Patterson

Folks, have to put everything into prospective.

Contracts or agreements as I like to call them. I think every inspection should have a written contract just so that everyone knows what is going to take place.

For what it is worth; this week I picked up a new EW case. It is a shotgun lawsuit and it is a mess. The inspector I think will get off but it will cost him/her a little bit. quote]

Hey Scott. got few Question for you If may ask...

What is the one thing you see the most of.

Is it the inspector just overlook something ?

Yes...

Did not known what he was doing ?

Not so much as just screwing up. Most problems are communication related. AKA as poor reporting or under reporting. Also, the use of "Inspectorspeak" is a major problem.

And if you have a contract with a buyer. have you ever had the contract overlook by the judge like say The inspector did not look in the attic due to unsafe working condition. like damage framing. and stated in the report.

It was stated in the contract unsafe areas will not be inspected.

Or the inspector did not inspect the sub-structure due to unsafe working condition like excessive moisture.

Stated in the report as unsafe.

I'm just trying to get an understanding of the law as it has been applied
to HI.

In my 30 years never been in court over an inspection.

But crap happens.

If any one else has some input please input

Thanks

Ron

It can be many of those items. Most of the problems I see deal with moisture related issues, hidden damage, and under reported problems.

Originally Posted by Rick Vernon

I did an inspection yesterday that the client's lawyer friend attended. I was going over the contract with her and he stated "Don't sign that until we can talk about it" I stopped everything and told them go talk about it because no contract no inspection. He came back and stated he didn't like the arbitration clause and we'd have to change it.
My answer was "what can possibly be wrong with it since it was written by a lawyer". No contract no inspection. Client signed and we continued.

LOVE IT! Good on ya!

Originally Posted by Rick Vernon

I did an inspection yesterday that the client's lawyer friend attended. I was going over the contract with her and he stated "Don't sign that until we can talk about it" I stopped everything and told them go talk about it because no contract no inspection. He came back and stated he didn't like the arbitration clause and we'd have to change it.
My answer was "what can possibly be wrong with it since it was written by a lawyer". No contract no inspection. Client signed and we continued.

Originally Posted by John Dirks Jr

I agree on having the contract posted at your site. However, suggesting the client print it out opens a door to trouble.

You can never be sure that someone might edit the contract before printing it. Are you as the inspector going to read the contract that is printed by someone else? If not, you better be the one who prints it.

If that were the case the client would not have any legal grounds. He can't change the contract on the website, how would the two contracts compare, there would be obvious glaring dissimilarities.

[quote=Scott Patterson;94999]

Originally Posted by Ron Bibler

It can be many of those items. Most of the problems I see deal with moisture related issues, hidden damage, and under reported problems.

How can you report on something if you can not get to it ?

like say damage to a floor. the sub-structure was not inspected do to unsafe working condition, excessive moisture condition.

In my area this is a big deal as we have a clay soil that jusy holds water and in the winter 50 or 60 % of the sub-areas are not inspected.

Best

Ron

Originally Posted by Brandon Whitmore

It's funny how things vary. My lawyers tend to read my contracts word for word, and I've had a couple of them ask if they could modify something here and there.

I totally agree.... Oregon is one of the few state's (at least from what I've gathered around here and other places) that will generally uphold Limitation of Liability Clauses. That's why the lawyers read them so closely around here.

It also brings up a funny dynamic when a lawyer tries to get out from under a contract. "So, you didn't read the contract before you signed it Mr. Buyer. And, what is it you do for a living?" Yep, a little tough to answer.

Kind of like one of us trying to go after a seller for an undisclosed problem in a house we bought.... we're not going to get very far. But, as mentioned, it all varies by state.

I recently even had an attorney look at my LOL clause (in big bold letters and requiring her initials) and mention that she knew all about how they're upheld in Oregon.

I've never had the honor of defending mine to the bitter end but I've heard from others that they are upheld. But, I also talked to a state mediator once who said they will look past them if extreme cases. So, all you inferior inspectors who were packing your bags to move to Oregon.... it's not a free lunch. And it rains here a lot, too

[QUOTE=Ron Bibler;95004]

Originally Posted by Scott Patterson

How can you report on something if you can not get to it ?

like say damage to a floor. the sub-structure was not inspected do to unsafe working condition, excessive moisture condition.

In my area this is a big deal as we have a clay soil that jusy holds water and in the winter 50 or 60 % of the sub-areas are not inspected.

Best

Ron

Don't forget that you can be named in a lawsuit for just about anything. You the defendant must prove that you are innocent and not at fault. Most of the time this type of lawsuit involves everyone who had a hand in the sale of the home, aka shotgun lawsuit.

Many times "hidden" damage is not really hidden. Signs and conditions or other mitigating factors are missed and if the inspector had noticed those conditions they would have prompted him/her to investigate further.

A few State HI laws do offer some protection for latent defects, hidden damage or camouflaged damaged. Still that will not always prevent a person from filing a lawsuit.

Truth be known, the contract is more of a bluff. If you screw-up on an inspection a contract will not protect you against professional negligence

SP: No truer words were ever spoken.

Don't forget that you can be named in a lawsuit for just about anything. You the defendant must prove that you are innocent and not at fault. Most of the time this type of lawsuit involves everyone who had a hand in the sale of the home, aka shotgun lawsuit.

Actually, the plaintiff has the onus legally to prove you were negligent, and the respondent must prove his innocence.

To prove negligence is not very easy. The five elements required of the plaintiff are to prove...


1. there must be a duty of care based on a special relationship between the parties,

2. the representation made by one party to the other must be false, inaccurate or misleading,

3. the representation must be made negligently,

4. the person to whom the representation is made must have reasonably relied on the representation and,

5. the reliance must have been detrimental to that person with the consequence of his suffering damages.

Originally Posted by Raymond Wand

Actually, the plaintiff has the onus legally to prove you were negligent, and the respondent must prove his innocence.

To prove negligence is not very easy. The five elements required of the plaintiff are to prove...


1. there must be a duty of care based on a special relationship between the parties,

2. the representation made by one party to the other must be false, inaccurate or misleading,

3. the representation must be made negligently,

4. the person to whom the representation is made must have reasonably relied on the representation and,

5. the reliance must have been detrimental to that person with the consequence of his suffering damages.

RW: Justice, poor dear that she is, must be somewhat blinder down here.

Originally Posted by Raymond Wand

Actually, the plaintiff has the onus legally to prove you were negligent, and the respondent must prove his innocence.

To prove negligence is not very easy. The five elements required of the plaintiff are to prove...


1. there must be a duty of care based on a special relationship between the parties,

2. the representation made by one party to the other must be false, inaccurate or misleading,

3. the representation must be made negligently,

4. the person to whom the representation is made must have reasonably relied on the representation and,

5. the reliance must have been detrimental to that person with the consequence of his suffering damages.

All of that is true, but it only holds water if it goes to trial. I would say that 60% of the lawsuits settle out of court. Right or wrong if it ends up being less costly to settle, that is what happens in the majority of cases.

Ron
In California a licensed real estate agent is allowed to sign an inspection or PCO contract as they are acting as their client’s legal representative in a purchasing transaction.
As far as law suits go, most plaintiffs’ attorneys throw a net over everybody who ever set foot on the property in an effort to ID the deep pockets?
A home inspector with E&O insurance is usually at the top of that list.

As far as law suits go, most plaintiffs’ attorneys throw a net over everybody who ever set foot on the property in an effort to ID the deep pockets?

JM: And the frog hopping down the sidewalk on that day.

A home inspector with E&O insurance is usually at the top of that list

JM: Amen.

One word "NEVER"

"do a proper inspection and every thing will be fine ,Screw up and no contract will keep you out of court."

Contracts for inspections are aggravating and a waste of time.

Trust everyone, but, brand your cattle.

Originally Posted by Richard Stanley

"do a proper inspection and every thing will be fine ,Screw up and no contract will keep you out of court."

Contracts for inspections are aggravating and a waste of time.

Trust everyone, but, brand your cattle.

RS: You mean, contract law has been officially suspended in Corpus?

Did another last week Cheque arrived today.... Roy

RS: You mean, contract law has been officially suspended in Corpus?

I haven't been notified of anything about it by the legislature in Mexico city!!!

Originally Posted by Ron Bibler

Have you ever had an agent sign your inspection contract for the buyer ?

Best

Ron

Contract ??????????

What contract ???????????????