Avoiding Litigation: Contracts by Dr. Keith Swift

Originally Posted By: gromicko
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http://www.nachi.org/contracts2005.htm


Originally Posted By: wdecker
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Nice, but not pertenant to the real world.


I have a lawyer and he is good. But only in my state and based upon this state's laws and the HI law in this state (which is licensed).

I pay good money, and my lawyer is also my friend AND the executive Elder in our synagouge AND someone to whom I would trust my life.

Besides, He is insured against malpractice ![icon_cool.gif](upload://oPnLkqdJc33Dyf2uA3TQwRkfhwd.gif)

Every state has its own laws and precident and case law.

This is one reason why we need lawyers.

Hey, I didn't invent the system, but I must operate within it.

Who is this Keith guy anyway. Is Be a mamber of the bar in my state? Can I sue him for malpractice if I use his advice and ity gets me screwed?

Not to be a wise butt, but I will stay with what has worked for me. Never had a suit (although 3 threatened, but MY lawyer called them and that was that) and do not intend to.

I give good inspection. My lawyer takes care of the rest.

Puffed up verbiage or not. That's the way the world works and I must live in it.

Hope this helps.


Originally Posted By: tallen
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I had a lawyer that specializes in contract law look at one of Keiths contracts and they were very impressed.


I have recently switched to 3D reporting systems due to contractual requirements, but I am still useing a very slightly altered version of one of Keiths contracts. As it also passed through 2 new lawyers, I do believe that Dr. Swift knows what he is talking about.


Originally Posted By: mpasquinelli
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Will - Just wait until you are named in a suit, then you’ll know what he’s talking about. You haven’t done enough inspections yet. When it happens you’ll learn (the hard way) that lawyers do everything in their power to fatten their wallets. You get sued, you get screwed. It doesn’t matter if you’re right or wrong.


martin


Originally Posted By: lkage
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mpasquinelli wrote:
You get sued, you get screwed. It doesn't matter if you're right or wrong.


From article:
Quote:
Every contract should assist you in avoiding litigation; because once you?ve been named in a lawsuit you?re toast. From that point on, only the attorneys will make money; while everyone else is loosing it.


I think Mr Swift, President of Porter Valley Software, is trying to help inspectors stay out of court.


Originally Posted By: Blaine Wiley
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Quote:
Every contract should assist you in avoiding litigation; because once you?ve been named in a lawsuit you?re toast. From that point on, only the attorneys will make money; while everyone else is loosing it.


Probably one of the truest comments I've seen on this board in a long time.

I disagree with his opinion of the limitation of liability clause, though. I don't think that when someone is paying $300 for an opinion of the overall condition of the home, that they should then be liable for $50K worth of damages unless it can be proven that they were totally negligent in their actions, as in, did a drive by or walk through look, instead of an inspection.


Originally Posted By: wdecker
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There are many states (mine included) where limitation of liability clauses, for certain types of contracts, are not valid and courts will not uphold them.


What I can see and verify, I report on (completely). What I cant see of didn't see of couldn't see or was refused access to see, I specifically disclaim.

Sure, it is always possible for some yahoo lawyer to trump up a case and anyone can sue anyone. I am concerned with whether they can win.

Is Keith a lawyer? Is he admitted to the bar of my state and familiar with our laws. I understand that in a lot of areas, lawyers are not involved with RE transactions. They are in mine.

If you want to, check out my agreement. It's downloadable from my web site. It contains the stuff needed for my area.

Not trying to slam Keith. Just very weary of a person giving legal advice that they may not be qualified to give.