Posted upon request. Here is the contract to be reviewed:
Another home inspection contract review.
The first paragraph reads:
The problem with this paragraph is that it doesn’t define what a home inspection is.
Here is better language that clearly defines the service you are providing:
There is an extra line return (carriage return for those of you who still remember typewriters) between the word “the” and “written.” Remove it.
Since you didn’t reference a Standard of Practice (the word “standard” doesn’t appear in your agreement at all) and didn’t define what your inspection service is (see my post #2), can I assume you inspect everything except “legal and/or public records?”
You really need to define what service you are providing and also reference a Standards of Practice.
I can. The roof isn’t watertight. Roofs shed water, they aren’t submarines.
Reserves what where? I don’t get it. I actually do know what you are trying to say, but that sentence doesn’t say it.
I suspect you were trying to say: “CLIENT understands that North Coast Home Inspection may be off by as much as +/-5% in anything it quantifies.”
However, I can’t think of a situation where this would be helpful to you. Does your inspection service include counting or measuring something?
I highlighted sections in red. Notice how you say these items are not covered, but then you say they are.
I reworded it for you:
Only if they know about them.
How about this instead:
Marked by whom? Oh, I see what you are trying to say. Let me rewrite it for you.
Ooops, now you claim the reverse:
Make up your mind.
You use the word “Client.” You should capitalize it… “CLIENT” (the way you do under your client’s signature) and stick with the capitalized version of the word throughout the document.
Won’t hold up. I’d delete it.
Unnecessary. You can reasonably view the act of being provided physical access as being the same as written permission. You don’t need both.
What “Order Form?” The title of this document is “Inspection Contract.” Is there an order form too?
This doesn’t much protect you unless you recommend that such attention be given prior to the inspection window of the sales contract expiring.
Awesome! Since every home is either occupied or unoccupied, we don’t need E&O insurance any longer! C’mon.
This implies that you only refuse to guarantee changes in the condition of the property under a very specific scenario: Manmade changes made by disgruntled occupants.
There are actually many more scenarios that could change the condition of a property after you leave and you should disclaim responsibility for all of them… if you are going to disclaim any of them.
Another term? You have “Inspection Contract,” “Order Form,” and now “Waiver Conditions.” Where are these documents?
You use the term “buyer on this contract.” You are selling this contract?
Or do you mean a particular party “buyer” to a real estate sales contract on the home you are inspecting? If that is what you mean, how is this different than your client? If not different, why not just use “CLIENT?”
And if you mean your client (which I assume you do), are you claiming some continued ownership of the “inspection report/contract” after your client pays you for it?