I have a client threatening legal action for canceling a home inspection the day before the inspection was scheduled. During our communication something had felt off, and eventually I just didn’t feel comfortable preforming an inspection for this client. They had mentioned several times they only wanted to have an inspection on their windows done so that they could sue the people who had installed them, they were not willing to sign my pre-inspection agreement until they “met me in person”, and generally something just felt off. I decided to cancel the inspection the day before it was scheduled and now they are threatening legal action as they claim other people had moved their schedules around to make the time work. I received an email from what appears to be their lawyer on what looks like an official letterhead saying that they will report me to the BBB and that I may be responsible legally as I am the owner of the business. I’m just curious if anyone else has had any experience with this and if the client has any actual ground to stand on seeing as they did not sign an agreement and I had not received any payment.
Verbal contracts are worth the paper they’re written on.
Generally for a verbal contract to be enforceable, something must have changed hands.
Cash, services, items, something.
If none of the above have happened, they are SOL.
I’m not a lawyer and there are always nits to pick.
Thanks Mark!
That’s kind of what I was thinking as well. Pretty sure they are just blowing smoke and the client’s knee jerk reaction is to threaten to sue anyone when they have a problem. I appreciate your input. Definitely always going to be a few out there.
The cost to sue you would well exceed any lost wages.
Reporting you to the BBB might cost you an inspection from the octogenarian crowd and you can fix that anyway. You join BBB, pay their fees, they will “correct” erroneous reports.
What is the ‘legal action’? Have they demanded anything?
They are hiring a lawyer for a small claim case?
There is a reason why it is called a PRE-INSPECTION Agreement.
What lawyer is going to say that a business does not have the right to cancel if the client will not sign a contract?
Let them report you to the BBB with the complaint that I wouldn’t sign a contract, so they canceled.
If anyone refuses to sign my contract I just recommend they try another inspector. My E&O provider requires a sign contract, no exceptions.
I can see many instances where I would not sign a contract without meeting the vendor/contractor in person first. That part does not bother me.
But if a customer wants me to perform an inspection so they can sue someone, I run the other way. It seems you did the right thing, could you imagine if you actually showed up and had to deal with these people?
It would be hard to sue someone without signing an agreement or money changing hands
Could not have said it better.
All they had to do is sign the agreement. Case closed.
Why would they call a home inspector to inspect the windows to see if they were installed correctly?
If it were me, the first call I would make would be to the company that installed the windows. The next call if I didn’t get satisfaction from them, would be to call the manufacturer and have them come out and determine if the windows were installed properly or not.
And, if they did call me, that would be the exact advice I would give them and tell them it’s out of the scope of what I do.
As far as a contract goes, a verbal contract is enforceable provided there is no written contract. If you sent them the pre-inspection agreement scope of work and all of that, then that would constitute a written contract. Written contracts in general have to be voided by another written instrument.
If you sent him an email stating that due to the fact that you failed to sign the pre-inspection agreement as required, this contract has been terminated as well as the inspection, then you should be fine.
It sounds to me like the guy is a wacko. You did the right thing by running away, however you probably should have never even entertained the idea in the first place. Just my two cents.
None one gives a sh*t what the BBB says.
Hold you responsible for what? They have no proof you caused them any harm.
This sounds more like a scam than an actual client.
Just ignore them unless or until you get a letter ordering you to appear in court.
If they file a complaint with the BBB, call the BBB and explain to them that they refused to sign your inspection agreement and therefore were never a client of yours, and then the BBB should remove the complaint, if it even were to get to that point.
Thank you everyone for your replies!
Not really. They are just stating that I can be held “Legally Responsible for cancelling last minute” which to me is ridiculous, all they had to do was sign the contract. Feel like I dodged a bullet not working with them.
Next time that scenario arises, tell them “Absolutely” and give them the address to your local PD station or FBI office!
people always trying to get over on someone. sounds like u dodged a major bullet there.
LOL… this is your biggest clue that these people are lost. Threatening the BBB? What, is it 1976? You’ll be fine… I’d just ignore. You have no contract.
They were hiring you to sue someone else. Now they have to hire someone so they can sue you. Quite the game plan….
