Please post any other questions you’d like to see added to that page.
Do you have any marketing material for the program
Scott
Hi Scott, vehicle decals for the Buy Your Home Back Program are already being printed, and marketing materials are being worked on and will be available within the next week or two on Inspector Outlet. We’ll post a link to them on the message board when they become available.
Then the Buy Back Guarantee bullet item 4 should be amended to say:
If anyone has any more questions about this marketing program, post them here so that I can add them to the FAQ page.
Does it cover buying a Condo/town-home unit?
-Carl
This is the 5th times asked, can you get your in house legal to comment if it is legal in his jurisdiction to practice law.
I am not asking for anywhere outside of Colorado. It has been days and yet no response from the legal council which seems rather strange,
If I cannot resell it because it is considered selling insurance, how can you sell it to me and it not be considered selling insurance ?
I asked an investigator from my state department of insurance the same question.
I was told that, in my state (and presumably others) the state does not regulate insurance that is sold by an association to its members. It is up to the members of an association to protect themselves and their own interests.
“What if the association fails to come through with its promises and the member gets burned?” I asked.
“The member gets burned. It’s his problem. His losses are his losses. It is up to members of an association to police their association, not the state. We will nail anyone selling it to a non-member citizen who is not licensed, but we don’t care what associations sell to their own members,” he replied.
He used Knights of Columbus life insurance and fraternal organizations as an example. None of them are regulated … until they try to sell to someone outside of their association.
That is why Nick can sell it to you … but you cannot sell it to your client.
(Note: Your 90-day warranty from Thornberry in exchange for your clients’ personal data is also insurance and regulated … once you try to sell it. Thornberry gets away with it by claiming he is giving it away and not selling it. If he sold his warranty to you, he would be in violation of several state laws. NACHI has a tradition in phony insurance.)
I asked an investigator from my state department of insurance the same question.
I was told that, in my state (and presumably others) the state does not regulate insurance that is sold by an association to its members. It is up to the members of an association to protect themselves and their own interests.
“What if the association fails to come through with its promises and the member gets burned?” I asked.
“The member gets burned. It’s his problem. His losses are his losses. It is up to members of an association to police their association, not the state. We will nail anyone selling it to a non-member citizen who is not licensed, but we don’t care what associations sell to their own members,” he replied.
He used Knights of Columbus life insurance and fraternal organizations as an example. None of them are regulated … until they try to sell to someone outside of their association.
That is why Nick can sell it to you … but you cannot sell it to your client.
(Note: Your 90-day warranty from Thornberry in exchange for your clients’ personal data is also insurance and regulated … once you try to sell it. That is why your contract with Thornberry forbids you to charge for it. Thornberry appears to get away with it by claiming he is giving it away and not selling it. If he sold his warranty to you, he would be in violation of several state laws. NACHI has a tradition in phony insurance.)
Russell, Jim Bushart answered your question. It has to do with the first Amendment and it’s the same reason why your local Italian Club or Elks Club can sell beer to its members without a liquor license. Actually, InterNACHI can sell beer to its members as well.
Any other questions to add to our FAQ page?
Has anyone come up with any type of liability waiver that separates the inspector and realtor and put the full focus of liability on internachi
That would not be possible since NACHI is not providing it to your client. You are.
Since NACHI is selling it to you, NACHI has no relationship with or duty to your client. Your choice to pass it on to the public is strictly your choice. (For example … pay particular attention to the fact that this FAQ page being discussed, here, is not available for public view.)
NACHI cannot legally provide insurance to your client and, accordingly, you cannot create a document that says that they are … removing the liability from you and placing it on them. You are completely responsible for any product and service that you provide to your client in exchange for an inspection fee. Not your vendor.
IMO, inspectors who enter into this complicated relationship without a signed agreement (between themselves and NACHI) that they can enforce are taking a big chance. Message board posts are difficult to enforce … particularly when they are as ambiguous and contradictory as those involving this gimmick. Any harm caused to your business as a result of any failure to perform by NACHI would require that you sue NACHI to recover your damages. Try to do that, successfully, without a contract. You’ll see what I mean.
That would not be possible since NACHI is not providing it to your client. You are.
Since NACHI is selling it to you, NACHI has no relationship with or duty to your client. (For example … pay particular attention to the fact that this FAQ page being discussed, here, is not available for public view.) Your choice to pass it on to the public is strictly your choice.
NACHI explains it to the public this way: “… InterNACHI does not guarantee or warrant the services of its members, and visitors agree that InterNACHI is not liable for the alleged acts or omissions of its members, nor may InterNACHI be held liable for damages allegedly sustained as a result of the acts or omissions of its members, regardless of the legal theories employed.”
NACHI cannot legally provide insurance to your client and, accordingly, you cannot create a document that says that they are … removing the liability from you and placing it on them. You are completely responsible for any product and service that you provide to your client in exchange for an inspection fee. Not your vendor.
IMO, inspectors who enter into this complicated relationship without a signed agreement (between themselves and NACHI) that they can enforce are taking a big chance. Message board posts are difficult to enforce … particularly when they are as ambiguous and contradictory as those involving this gimmick. Any harm caused to your business as a result of any failure to perform by NACHI would require that you sue NACHI to recover your damages. You cannot do that, successfully, without a contract.
You are correct. However if you clip/snap a pic of InterNACHI’s advertising aka the press release and some of the message post put on this board you will have some kind of evidence if Nick decided to not honor his promise. You for one has always taught us we are responsible for what we preach on our marketing material. I’ll say it again there is no way anyone can say I personally offered to buy back any house. My wording on my marketing material clearly states InterNACHI is making that promise… not me.
You can say that YOU didn’t offer it if you want to … but you cannot say that NACHI did. Only NACHI can say that, and they specifically deny offering anything to your client. They sold it only to you.
NACHI’s message board assurances are strictly to you … not to your client.
When??!! 
Yes. We indemnify all participating members. Here is the indemnification clause found in www.nachi.org/buy-faq :
Cute but non-binding. Why not draft up an agreement for both parties to sign and keep?
A unilateral indemnification (participating members aren’t agreeing to indemnify InterNACHI) doesn’t have to be signed by both parties to be binding. Anyone can agree to indemnify anyone else. InterNACHI can indemnify Michelle Obama without her consent.