My Spanish client base has been growing so to be more professional I was working on a Spanish Version of the Agreement/Contract. Since I use ISN I was going to upload it out there. In talking with Chris from their support I mentioned to him what I was doing and he stated that all agreements had to be signed in the English version. I fired off an email to Nick and he replied and verified this is in fact true.
So just a heads up to any other Inspectors that have Spanish clients, they MUST sign the English version of the agreement.
So just to cover my butt, I am still going to create a Spanish version but will save it as a PDF file and upload it to my web site. Then in my English version of the agreement on ISN I can put a link to this PDF file so they will be able to read the Spanish version. Don’t want any of them coming back stating they could not read/understand the contract and start complaining because I didn’t inspect something.
Because the legal system of the U.S. operates in English. So you can offer the Spanish version so that the client can read it, but then have them sign the English version.
Also, to protect yourself, provide them a copy of the Spanish version of www.nachi.org/now.htm
Few if any states have laws on the books requiring contracts to be in English. Contracts written entirely in a foreign language are legal but should there be issues that take it to court, the contract must be translated by a certified translator before it can be entered into evidence. This is common in the vast majority of States. Texas is the state that is used as a guideline for foreign language contracts. Part of their “Texas Rule of Evidence 1009” states: Translation of a foreign-language document is generally admissible so long as it is accompanied by a sworn affidavit from a qualified foreign language translator, stating the translator’s qualifications and that the translation is fair and accurate.
There is nothing in the Federal Rules of Evidence that require contracts to be in English.
I have spent more time in courtrooms than most lawyers (most couldn’t find the courthouse steps if they had to). I can’t imagine submitting something to a judge in Spanish… LOL! It would be absurd.
Agree. I’m not going to take any chances. I will continue to email them my English version and in that email there will be a link back to my web site where they can VIEW it in Spanish if they so desire but it will also state in the email that they MUST sign the online English version or no inspection can be performed.
If the contract is in Spanish, it must be presented as signed. It would be required to be translated into English before it could be entered as evidence. Don’t you read the other posts en toto? Oh wait, that is Latin… exactly what a large portion of our legal system uses in stating written opinions. Get over yourself Nick. You spend a lot of time in airplanes too, does that make you a 747 pilot? :roll:
Stephen, you go ahead and submit something to a sitting U.S. judge in Spanish… good luck with that. When the judge asks you WTF is this? You just tell him:
You still fail to comprehend what has been written, probably because it disagrees with your vast courtroom experience :roll:. In order to enter a foreign language contract or document into evidence, IT MUST be translated first by a certified translator per the Federal Rules of Evidence. The judge would get both the original foreign language contract, the translated English version along with the notarized affidavit from the certified translator. There is no law against foreign language contracts. There is no law that states all evidence in a court case must be in English.
I don’t understand why everyone is against the issue. Can’t make any money on it? :roll: If you have a heavy foreign client base, it might just pay to have your general inspection agreement officially translated into that language. Word might get around and build your business.