I am trying to change over my ASHI home inspection agreements to interNachi agreements. I have started with the InterNachi Residential Inspection Agreement plain english version. Upon adding in the Buy Back Amendment I realized that is subject to the individual inspector not the company. Currently I am the only inspector but plan to add additional staff soon. How can the company advertise this as a benefit if it is actually tied to the individual inspector, and how do I incorporate that in the agreement?
Ask that question at fastreply@InterNACHI.org and I’m sure they will be able to help you out.
Happy New Year!
My Plain English Agreement starts off & clearly states in the beginning first paragraph:
This is an Agreement between you, the undersigned Client, and us, the INSPECTOR, pertaining to our inspection of the Property at: xxxx Buttonwood Lane Boynton Beach, FL 33436.
The INSPECTOR is All Tropic Home Inspection Services, All Tropic Pest & Termite Service, Inc.
The terms below govern this Agreement.
IMO this makes it legally (and perfectly) clear the INSPECTOR term has defined your company, not any inspector individually.
So… when you add the Buy Back clause, it also uses the same INSPECTOR term, making everything matching.
Buy Back Clause:
CLIENT understands that under the “We’ll Buy Your Home Back” program, InterNACHI purchases the home, not the INSPECTOR. INSPECTOR’s role is limited to his/her participation in the “We’ll Buy Your Home Back” program, but InterNACHI purchases the home. CLIENT understands INSPECTOR has no obligation to purchase the home under the “We’ll Buy Your Home Back” program, and CLIENT’s sole remedy for any failure to purchase the home is against InterNACHI.
If you wanted to go a little further, edit this part of the BB clause:
INSPECTOR’s role is limited to his/her participation
INSPECTOR’s role is limited to it’s participation
Good luck & welcome!
Is it safe to change/remove items I will not use, such as?
down payment line; "
INSPECTOR acknowledges receiving a deposit of $______________________ from CLIENT. "
Liability Elimination; “If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee of $______, payable in advance.”
That is more than I can provide you, not a Florida attorney.
As Larry stated, email headquarters for further opinion/direction on stuff like that.
Saying that, I simply fill in $-0- since the agreement is usually signed online & the client pays me onsite which may be days later. No one (including me) wants to pay in advance.
I do not use the Liability Elimination clause. It seems to be a good extra defense for the inspector, making it clear there is a limitation of liability.
IMO if I was the client reading that, it would make me feel uncomfortable, like something fishy going on.
Email HASHANA@alltropic.com if you wanna see a recent one I use.
hahaha, I literally just redlined those two items as well. Let me know what answer you get from headquarters if you go that direction.