Originally Posted By: pdacey This post was automatically imported from our archived forum.
Nick,
Any status of the hold harmless clause for the inspection agreement? I've talked to some agents and they think it's a great idea. I think it would be a great marketing tool for me.
Originally Posted By: Scott Patterson This post was automatically imported from our archived forum.
It is only as good as the paper it is written on. A judge and throw your contract out on a whim and then you have nothing. Look at your states home inspector law, it might offer you more protection than any contract.
Originally Posted By: Scott Patterson This post was automatically imported from our archived forum.
When you enter a courtroom, it is similar to the Twilight Zone. The presiding judge can ask you to leave his/her court because of the color of your shirt or tie. A few weeks ago, a judge in Illinois disallowed a home inspectors contract, and that voided all of the conditions on it. We had a case in my area that the judge did not like the home inspector and even told him that in front of the court.
A contract does not put more responsibility on the inspector, it tells the client what you are going to do. The responsibility comes in doing what the contract says you will do.
If you ask around you will find that most inspectors who have been involved in litigation have had a contract. The contract does not stop the law suit, it might decrease your exposure at that is about all.
With that said, get good E&O (FREA) and have a Inspection Agreement signed at every inspection.
Originally Posted By: ekartal This post was automatically imported from our archived forum.
Like Scott said, a judge can toss your inspection agreement into the garbage if he chooses to. That su*#s. Something needs to be done to protect us besides spending thousands on E&O.
Originally Posted By: pdacey This post was automatically imported from our archived forum.
Nick,
Is NACHI still working on a Hold Harmless clause for real estate agents? I spoke to a handful of agents and they all pretty much said it was a great idea and would definitely use someone that had that type of clause in their agreement.
