Thread: Texas inspector contract/disclaimer HELP!

I am a new Texas licensed inspector and looking for some help putting together my contract/disclaimer that I want to provide in all my reports. I really what to reference the TREC standards of practice, along with any other legal disclaimer information I my need to cover me. Please help!! Not sure what I can pull from or copy and paste. Any information will be very appreciated!

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Originally Posted by Leslie Brush

I am a new Texas licensed inspector and looking for some help putting together my contract/disclaimer that I want to provide in all my reports. I really what to reference the TREC standards of practice, along with any other legal disclaimer information I my need to cover me. Please help!! Not sure what I can pull from or copy and paste. Any information will be very appreciated!

trec does not show you being licensed inspector when i just searched
promulgated report form must be used
consult your atty & e&o provider for agreement/disclaimer language
mine provided all i need
many inspectors have sample reports with their agreement language on their websites
you may want to run a few by your atty
& understand that regardless of all the words in the dictionary and how you have them arranged in your agreement you can still be sued
doing a great job and writing clear comments will do more than any agreement/disclaimer ever could

forgot to add there is a training event this weekend that has a spot on course you may be interested in
call Brenda & discuss with her
TPREIA Annual Conference

hth

I am actually waiting for the processing of my license number, but for now my TREC ID number is 1000031632. I have been told it should be a matter of days before I receive my actual license number. Until then, I am trying to get all loose ends and details so that I am ready to roll. I did contact my insurance company and they have provided me with a generic contract that I can use, so thank you for that helpful advice. Hopefully, once I have an income coming in I can contact an attorney for some legal advice.

Free: http://www.nachi.org/onlineagreement.htm

Personally speaking the insurer providing a contract is possibly the best form of protection since they have a vast knowledge of claims history, outcomes and defence tactics.

Originally Posted by Raymond Wand

Personally speaking the insurer providing a contract is possibly the best form of protection ...

For the insurer.

Originally Posted by Raymond Wand

Personally speaking the insurer providing a contract is possibly the best form of protection since they have a vast knowledge of claims history, outcomes and defence tactics.

...As long as the insurer isn't hanging you out to dry in an effort to protect their own interests.

No matter how 'tight' your agreement / contract might be, nothing will prevent someone claiming fault, neglect or omission by you, when financial loss is involved. They may not win a court case but the vast majority of cases are settled outside of court, even without admitting any liability.

All insurers will pay out if they can mitigate their loss, which means paying out of court settlements in order to save money. Unfortunately lawyers know this, and most often will recommend their client take a settlement. The lawyer has nothing to lose, they get their share and the insurer saves money.

Then the insurers turn around and blame the inspector(s), put rates up or cancel your policy or send you to a higher facilitator.

However I reiterate, I would rather have my insurer provide a contract than Nacho providing an on-line agreement for Dummies.

Been there done that.

I concur with Ian.
There is little a homie can do when a client wants to litigate.
Having good legal counsel is paramount.

The new InterNACHI's in-house legal eagle Joe Ferry is renowned at helping homies against meritless claims.
Leslie, Work Without Worry. Call Joe's team.

On that note; I hope a well-meaning contributing Inspection\News member will not disrespect the most valuable and esteemed lawyer.
There are many Home Inspection associations out there. I think the count is +-32.
Do they all have nicknames?

Joe is not licenced to practice law in Ontario that I am aware of, so why would an Ontario inspector go to Joe for legal help? That is what your insurer is obligated to do if one carries E&O; provide direction and defence mechanisms which you pay for through your premiums.

Ray,
From what I know, Joe Ferry practices mostly below the 49th parallel.
He now is a part of InterNACHI members legal team.
Great work Joe!
Happy to have you aboard.

Ray, it would fit right into the Texas homie Leslie Brush's business needs, would it not?

Although some may agree while other not, even the most stringent disclaimer can not stop someone perusing litigation.
One might even say; the right legal counsel provides a defendant with an ambitious offensive strategy.

As for Ontario, call him. I am sure he covers North America.
I say this because I live in Quebec and have retained Joe Ferry's ClaimsIntercept for 2 years.

Quebec homie, Gilles Larin, president of a InterNACHI Quebec chapter, utilized the same CLAIMS-INTERCEPT concept in Quebec.

Joe Ferry also had his Law&Disorder seminar in Toronto last year or the year before that.

If I had a substantial claim against me...one that far exceeds my deductible and exposes me to personal liability, I definitely would not rely on my insurance company or its own in-house legal counsel. Insurance companies are only in the business of making money for their shareholders and its own profitability. I'd more likely pony up a couple of hundred bucks, if need be, to get my own legal advice / representation and let them duke it out - attorney mano attorney.

The end result might be the same but at least I would feel that MY case was being represented and my assets protected.

Thanks for all the great info guys. I am going to utilize the (free)disclaimer/contract provided from my insurance for the time being, but plan to sit down with a lawyer and have one down up asap! Since I finally recieved my license number, TREC #21684, yesterday I am officially ready to make some money so I can achieve that!! Gotta work with what I can get for now, so all info is much appreciated!

Originally Posted by Leslie Brush

Thanks for all the great info guys. I am going to utilize the (free)disclaimer/contract provided from my insurance for the time being, but plan to sit down with a lawyer and have one down up asap! Since I finally recieved my license number, TREC #21684, yesterday I am officially ready to make some money so I can achieve that!! Gotta work with what I can get for now, so all info is much appreciated!

I can't verify how it is in Florida now, but ... back when I was doing inspections we (members of our local inspectors group, and our state association) readily shared things like that between inspectors - each inspector benefits from every other inspector in knowledge, reports, contracts, etc.

At least that is the way we did it then - helping each other out ... and ... allowed us to keep track of where everyone was ...

What's that saying ... 'Keep your friends close, keep your enemies even closer.'

Ian,

I have been down that road. Insurers are the devil. In my case it was all bravado by the insurance company in house counsel who assured me they would defend me with gusto. That was an understatement. A latent defect turned into a payout by insurers for $22K, as the former owners (elderly) who did not obtain a building permit, hid the defect, and had no money as my insurer explained to me.

The insurer turned out to be a cash machine for my former client.

My contract was reviewed by lawyers and so as you and Robert point out, just because you have a contract may not save your arse, but it can limit your liability, a risk reduction tool.

Originally Posted by Raymond Wand

Ian,

I have been down that road. Insurers are the devil. In my case it was all bravado by the insurance company in house counsel who assured me they would defend me with gusto. That was an understatement. A latent defect turned into a payout by insurers for $22K, as the former owners (elderly) who did not obtain a building permit, hid the defect, and had no money as my insurer explained to me.

The insurer turned out to be a cash machine for my former client.

My contract was reviewed by lawyers and so as you and Robert point out, just because you have a contract may not save your arse, but it can limit your liability, a risk reduction tool.

Raymond,

He isn't talking about a contract instead of insurance, just a contract not written by the insurance company who will settle for deductible every time ... and, naturally, the insured pays the deductible ... ... thus the contract written by some other attorney who practices law in that state (I have always liked that term 'practices law', as in 'if they practice enough, they might get it right? ).

Originally Posted by Jerry Peck

Raymond,

He isn't talking about a contract instead of insurance, just a contract not written by the insurance company who will settle for deductible every time ... and, naturally, the insured pays the deductible ... ... thus the contract written by some other attorney who practices law in that state (I have always liked that term 'practices law', as in 'if they practice enough, they might get it right? ).

Yep...big mistake, IMO, to rely on a contract not written with your best interests in mind but more for protection against insurance company liability.

Yep. I agree with you.

Two comments on TX contract:

1) Have a mediation/ arbitration clause. If they complain and say they won't sign, politely explain that if the arbitrator finds against you, you have no recourse. Arbitration criticism in the press is mostly about big outfits like cellphone companies and credit card providers who bury complainants. Note that a lot of lawyers make their own clients sign arbitration agreements before taking their cases. Hmm.

If they still won't sign, excuse yourself and go to the next job. They are unrealistic about what you are providing for a modest fee in a limited amount of time.


2) Most complaints (to the TREC anyway) come from sellers, not clients. And the closer you hew to the TREC SoP, the more irate the sellers will be. Don't let that bother you. Your best defense (at least to a TREC investigation) is to do a TREC-compliant report. In oil country the seller's market is now over and sellers will be irate if their deals don't go through.


PS Join one or both of the state orgs. TAREI and TPREIA. Go to meetings and classes. With TPREIA membership you also get Nachi membership. Best of luck to you.