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  1. #1
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Signing builders releases

    Just curious how many of you would sign a release form like this from a builder to do an inspection on a new home for a client.

    Read carefully...Not only would my insurance company not want me to sign this and it is linited to only one hour and if my client dies do to the fault of the building...like the home fell down on them....it is all on me

    I guess I will not be doing this inspection on Friday.

    ***** Homes, Ltd.
    INSPECTORíS CONSENT AND RELEASE


    For the purpose of conducting a third party inspection on behalf of a buyer, lending institution, or any party other than ***** Homes, of a residence constructed by ***** Homes, the Undersigned agrees to and warrants the following:

    1) Inspection(s) will be conducted by professional, certified, residential inspectors only;

    2) The Undersigned agrees to provide, upon request, a copy of the current license of the inspector and/or the inspectorís company;

    3) The Undersigned agrees to provide, upon request, a copy of inspectorís liability insurance with primary coverage of a minimum of $500,000 coverage per incident;

    4) The Undersigned agrees to release all present and future labor and material bond rights connected to the property, and any and all present or future claims or rights to any mechanics or material manís lien(s) against the property, together with all claims which currently exist or which may arise in the future of any type against ***** Homes or any person who may lend funds in connection with the Property;

    5) TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED AGREES AND ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES OR INJURY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING DAMAGE TO PROPERTY, OR PERSONAL INJURY INCLUDING DEATH, RESULTING FROM, ARISING OUT OF OR OCCURRING IN CONNECTION WITH THE INSPECTION OF THE PROPERTY BY THE UNDERSIGNED OR THE UNDERSIGNEDíS AGENT OR EMPLOYEE, AND FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS ***** HOMES OF AND FROM ANY SUCH LOSS,CLAIMS, LAWSUITS, COSTS, EXPENSE, ATTORNEYS FEES, DAMAGE OR INJURY OF ANY KIND OR CHARACTER, INCLUDING PERSONAL INJURY OR DEATH, WHICH OCCURS IN CONNECTION WITH THE INSPECTION AND WHICH ARISES FROM ANY NEGLIGENT ACT OR OMISSION ON THE PART OF ***** HOMES, OR WHICH ARISES OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF THE UNDERSIGNED OR ITS AGENTS OR EMPLOYEES.

    6) Any inspection(s) will be conducted by appointment only, Monday through Friday, between the hours of 8:00 am until 3:00 pm, must be performed with a representative of ***** Homes present, and are limited to a one hour duration.

    AGREED:


    By: _________________________________ Date: ___________________
    (Signature)

    Name: _______________________________
    (Print)

    Title: _______________________________

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  2. #2
    Richard Stanley's Avatar
    Richard Stanley Guest

    Default Re: Signing builders releases

    The proverbial saying is in order ... "when hell freezes over".


  3. #3
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    Default Re: Signing builders releases

    Share it with your client and tell them that the builder is apparently trying to discourage an inspection and with the 1 hour time limit it also looks like they are trying to hide something.

    Pretty much everything in that form is common with many regional and national builders except for the one hour time limit. I have signed a few forms that are similar outside of the time limit without giving it much thought. Kind of like our inspection agreements, they seldom hold up in court and just present a good challenge for an attorney.

    Come on, tell us who the Builder is??

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  4. #4
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    Default Re: Signing builders releases

    I totally agree with Scott's comments.

    rick


  5. #5
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    Default Re: Signing builders releases

    The buyer (agent) writes the contract to purchase, the seller agrees (or not) to accept the buyers contract6.
    Did the buyer include, and the seller agree to, having an inspection performed by an inspector of the buyers choice?
    Or, is this part of a counter offer from the seller?

    ' correct a wise man and you gain a friend... correct a fool and he'll bloody your nose'.

  6. #6
    James Duffin's Avatar
    James Duffin Guest

    Default Re: Signing builders releases

    I've had to provide proof of GL insurance but I have never had to sign anything saying was I responsible for everything. I believe I would find me another house to inspect that day.


  7. #7
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Signing builders releases

    Quote Originally Posted by Scott Patterson View Post
    Share it with your client and tell them that the builder is apparently trying to discourage an inspection and with the 1 hour time limit it also looks like they are trying to hide something.

    Pretty much everything in that form is common with many regional and national builders except for the one hour time limit. I have signed a few forms that are similar outside of the time limit without giving it much thought. Kind of like our inspection agreements, they seldom hold up in court and just present a good challenge for an attorney.

    Come on, tell us who the Builder is??
    Gehan Homes

    North Texas area


  8. #8
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    Default Re: Signing builders releases

    If the client would agree to having you do the inspection AFTER they go to settlement, you would have unrestricted access and no time limit and no forms to sign. And the builder would still be responsible for making repairs assuming there is a builders' warranty.


  9. #9
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    Default Re: Signing builders releases

    I bet that nobody will be standing in the driveway, tapping their stopwatch after 60 minutes. The form was drafted to scare everyone, as a method of control.

    I agree with Section #5, they should not be liable if you hurt yourself, or kill your client during the inspection.

    And the one hour restriction is per inspection. Monday is one inspection, Tuesday is another... (Explain it however you want).

    Dom.


  10. #10
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    Default Re: Signing builders releases

    In our area of the country we don't have large tracks of new homes, so we don't have to deal with builder interactions.

    But my two cents on the issue is that - I am hired by the client. If the builder doesn't allow the client to conduct a home inspection without caveats then it is the buyers problem, not mine. I wouldn't sign that agreement in a million years. AND, I don't know of any client that would purchase a home that they couldn't inspect - with whomever they want to use.

    Also, in our state the seller, builder, or whoever is under no obligation to react to my report. It is up to the buyer to "negotiate" terms to their satisfaction. If they don't like the terms they can either take it or walk.

    Is Texas law different? Are sellers required to re-mediate issues discovered by the home inspection?


  11. #11
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    Default Re: Signing builders releases

    Ya gotta love Google!

    Seems like they have a few unhappy customers.....
    Gehan Homes @ Pissed Consumer

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  12. #12
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    Default Re: Signing builders releases

    Scott,

    I'm pretty sure you can "google up" any builder and get similar results.

    Dom.


  13. #13
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    Default Re: Signing builders releases

    Quote Originally Posted by Dom D'Agostino View Post
    Scott,

    I'm pretty sure you can "google up" any builder and get similar results.

    Dom.
    Yep, they are listed at the bottom of the page!

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  14. #14
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Signing builders releases

    Quote Originally Posted by Dom D'Agostino View Post
    I bet that nobody will be standing in the driveway, tapping their stopwatch after 60 minutes. The form was drafted to scare everyone, as a method of control.

    I agree with Section #5, they should not be liable if you hurt yourself, or kill your client during the inspection.

    And the one hour restriction is per inspection. Monday is one inspection, Tuesday is another... (Explain it however you want).

    Dom.
    The release says that even if it is the builders or builders reps fault and anyone dies including the client that the liability would be on the inspector because everyone was at the inspection for the sake of the inspection. Look at it this way. The client leans on the kitchen sink and it has become electrically live for what ever reason and the client dies. The client was there due to the home inspection..........

    No, I did not sign the agreement and told the client I could not and my insurance company would not cover me if I did. She probably called one of the other local inspectors to do the job.

    Besides. I did not request the I would not take the liability for anyone's sake.inspection. The client did. I would not have been the one that assembled everyone anyway. The client would have been the one.


  15. #15
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    Default Re: Signing builders releases

    I had a builder try to do that a few times, same builder, national builder (forget which one now), my clients calmly pointed out to the builder that the sales CONTRACT ALLOWED for them to have an inspection and did not include any restrictions of any kind, and if the builder wanted to apply restrictions to the contract after the fact that they would do likewise and have the builder sign a letter stating that any and all persons working on their house were fully licensed, fully insured, and that only employees of the BUILDER would be allowed to work on their house.

    I did have another builder give me a much water down, and more inclusive (to a different degree, as you will see) contract to sign, and which I gladly signed, then came back the next day with my client and demanded the full set of all drawing, plans, shop drawing, addendums, change orders, etc., as the contract the builder had me sign stated that I could only inspect to the contract documents.

    That builder spent a week getting all of that stuff together after he could not back his way out of that signed contract (they as signed it to - at my insistence), and they fully regretted every minute and every minute detail of what they were trying to protect because EVERYTHING now had to be documented on the construction documents and if there was ANY variation at all of any kind - my client made the builder change it.

    I LOVED jobs like that.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  16. #16
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    Post Re: Signing builders releases

    I ignore things like that. I show up for the inspection, and do what I have been retained to do. Paperwork like that is returned, noting that it violates the buy-sell agreement. In the one case where the builder actually inserted something like that into the buy-sell agreement, I inquired what they were trying to hide. They dropped the issue like a potato on fire from Hell. It seems to be a control issue on the part of the builder. I have considered billing builders for excess time spent with their reps on site, and dealing with issues such as this.

    Randall Aldering GHI BAOM MSM
    Housesmithe Inspection
    www.housesmithe.com

  17. #17

    Default Re: Signing builders releases

    pardon the ignorance, but just to confirm to make sure I am not missing something... So we are discussing mostly items 5 and 6 right. The other's do seem to make sense in terms of trying to limit their liability in terms of who gets to go into the home. I mean, I would think it is OK to ask that an inspection be done by someone who knows what s/he is doing (i.e., an Inspector and not your brother in-law "who knows construction stuff") and that if they trip or break something that they are insured.

    Just wanted to make sure I wasn't missing something here...

    Robert


  18. #18
    James Duffin's Avatar
    James Duffin Guest

    Default Re: Signing builders releases

    There is enough houses to inspect that this type of nuisance is unnecessary. I'm sure some HI will conform so I would let them have at it. I would never sign anything to be able to do a HI.


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