Frozen waffles?
Can I buy Them Back?
So, does someone audit your books to confirm that the fee was paid for each inspection?
Let’s put it this way … I would NOT want to be a home inspector who could NOT prove that he paid his $5 per inspection fee to Nick on the day my client told me that he wanted to sell back his $500,000.00 house.
Remember, there is not a written contract and every promise made on this message board by InterNACHI has been disclaimed by InterNACHI.
InterNACHI spells out the terms outrageously clearly in www.nachi.org/buy.htm in the “fine print” section.
InterNACHI has a detailed FAQ page at www.nachi.org/buy-faq.htm
InterNACHI indemnifies participating members in writing. Written/signed indemnification document can be downloaded from a link (about 1/2 way down) in www.nachi.org/buy-faq.htm
Is a home inspector who is NOT paying you $5 for each of his inspections considered a “participating” member? Do you indemnify all InterNACHI members or only “participating” InterNACHI members? Does your disclaimer (items 4 and 7) give you the right to withdraw your message board promise of indemnification at any time without notice to “participating” members?
Technically, not for the homes he/she failed to register (of course). But that is a moot point for more than one reason anyway. The odds of someone being willing to suffer all the costs of buying and selling a home just to have us buy it back for no more than they paid for it less than 90 days ago, times the odds of that house being one a participating member failed to register, times the odds of us not buying it back anyway… have been calculated to be one in trillions.
The cumulative probability of a series events is calculated by multiplying the probability of each particular event. In other words, it will never happen.
That IS a better way to explain what I was trying to say. Thank you.
So … as long as it “never happens”, inspectors are “covered”. If it happens … it’s every man for himself.
Got it.
BTW … this inspector includes mold inspections with his SOP. His client is trying to sell back a house. Your gimmick would leave them both twisting in the wind, wouldn’t it?
I hope everyone is paying attention here…
So … as long as it “never happens”, inspectors are “covered”. If it happens … it’s every man for himself.
Got it.
BTW … this inspector includes mold inspections with his SOP. His client is trying to sell back a house. Your gimmick would leave them both twisting in the wind, wouldn’t it?
So much for “it could never happen”…
I’m not sure what you mean by “twisting in the wind.” If you are at all worried the member might get sued… you be statistically tens of thousands of times more worried (head in the toilet, puking worried) that the member could be killed by his own client. The odds are tens of thousands of times more likely that a member would be murdered on an inspection than your 1 in 50 trillion hypothetical.
And even if the 1 in 50 trillion hypothetical happened, we’ve indemnified him/her anyway.
Any nutcase worried that we wouldn’t buy a home back, and wouldn’t honor our indemnification promise, on the very home that wasn’t registered but yet has a client who is willing to suffer all the direct and indirect costs of buying a home only to want to sell it back to us for what he/she paid for it less than 90 days ago… should be worried about much more likely things happening that are much more devastating, such as a meteorite hitting them on the head or their own client murdering them on an inspection. Those events are tens of thousands of times more likely and way more devastating.
We’ve never even had a claim, let alone denied one. I even offered one woman who complained about a non-participating inspector $20K more than she paid for her house, but she rejected my offer. I’ll call you the second anyone ever tries to sell us their home for what they just paid for it. Don’t wait up all night staring at your phone. LOL.
Its Minnesota, they’ll thaw out anyday now.
So 10,000 INachi members at 5 inspections per month at $5 per “buy back guarantee” = $250.000 per month, $3,000,000 per year. :shock:
Nah, I don’t suspect we’ll have 250 participating members this year. I’m O.K. with it losing money for a few years though. Our Marketing Department only recently got itself into black ink… it had lost money for years. Remember, if a new member orders from our Marketing Department and needs a custom logo, we’re already down $600 and in the red before we’ve even designed or printed any marketing material for him/her.
Same was true for Inspector Outlet at first. Now it pays InterNACHI royalties of about $1K/day.
Same was true for CMI at first. The Trademarks costed $120,000.00 in initial legal fees.
Heck, even InterNACHI lost huge money for many years at first. Joe Ferry tells a funny story about how an InterNACHI member was costing us over $800 at a time when membership was $289. LOL.
I’m patient (Ukrainian blood… we don’t mind taking 2 steps backwards to go 3 forwards).
InterNACHI IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY, NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ANY PRODUCT OR SERVICE, InterNACHI IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMED DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT OR SERVICE.
From Terms of Use - Int’l Association of Certified Home Inspectors (InterNACHI) http://www.nachi.org/termsofuse.htm#ixzz36H1g6Laa
The statement is correct. InterNACHI is unable to take on the liability for every product and every service every consumer buys from every member. No plans on ever doing that. Sorry.
However, we have provided a specific, written, signed indemnification (not just a "message board promise) for those inspectors (not consumers) participating in the Buy Back program… but again…it does not cover any and every product or service you sell (such as your home inspection services), it does not cover consumers at all (it indemnifies inspectors) and we don’t indemnify all InterNACHI members (only participating inspectors).
Since you do not enter into a separate written agreement with participating inspectors, does your disclaimer (items 4 and 7) give you the right to withdraw your message board promise of indemnification at any time without notice to “participating” members?
No. And anyways, there are no disclaimers in our indemnification document. It’s as broad and all encompassing as Mark could create it. Have you read it?
A unilateral indemnification doesn’t require the party being indemnified to agree to be indemnified. You can indemnify Michelle Obama from lawsuits from Martians if you want to… without her agreeing to it.
As long as it is a page on this site … it is unenforceable. It means nothing.
You say so, yourself … *“InterNACHI assumes no liability or responsibility for any errors or omissions in the content of this website. InterNACHI makes no warranty of accuracy, completeness, adequacy, suitability or non-infringement concerning this website or the information or materials it contains. InterNACHI specifically disclaims any duty to update the information on this site.” *
From Terms of Use - Int’l Association of Certified Home Inspectors (InterNACHI) http://www.nachi.org/termsofuse.htm#ixzz36HBKAeby
Wrong (using that logic, merely posting any agreement here would make it “mean nothing.”), but nevertheless, it isn’t a “page on this site” anyway. It is a legally enforceable document that no one will ever have to enforce. Have you even read it?