Just simply put this following clause in the HI agreement.
“BE IT KNOWN, that [Inspector’s Client] fully, completely, unconditionally discharges and releases [Inspector], its agents, and employees, from any liability of any kind alleged to arise of [Inspector]’s inspection of the property, regardless of the legal theory employed, including all claims whether known or unknown, from the beginning of time to the end of the world.”
Forget about all the other disclaimers throughout the agreement and the report.
This takes care of everything. Get it signed, do the inspection, after that you’re free and clear.
I want an agreement that states two things:
Client and I agree that I’m going to to perform a home inspection according to the iNACHI SOP for $___ on this ____ day.
Client agrees to release me from all future problems that allegedly arises from the inspection.
Require all inspectors who perform an inspection, that originated from a referral from a Realtor to provide liability of 20 times the cost of the inspection.
Why you ask?
Because most lawsuits originate from Realtors recommending the average to fair inspector who typically fails to report all of the problems with the house and fails to provide the client with a better understanding of the conditions present on the day of the inspection.
Whenever an inspector asks me if our software helps them from being sued I always answer the same way…“The only to avoid ever getting sued is to ALWAYS keep your client happy !!” Now…I never tell them HOW to keep them always happy but you will never get sued by a happy client.
I’m starting to see that maybe it can’t be done. Oh, well…
How about this? Preventing lawsuits by setting expectations.
What if NACHI.TV produces a video about home inspections and setting the client’s expectations about what a home inspection is, is not, what is required of a home inspector, and what is not.
On your website, every InterNACHI Inspector could put a link to the video, and that will help set expectations. It’ one thing to have your client read a piece of paper describing the SOP in simple language, it’s another thing to have a short, educational film about it.
What do you think? If we can produce a video that has the goal of setting client’s expectations… will you put that video link on your website?
The video could be something similar to the Consumer’s Guide video http://www.nachi.tv/episode35
The video could be titled, “A Home Buyer’s Guide to Home Inspections.”
We could have an InterNACHI Member be a guest inspector on the video, education the potential home buyer by describing inspection restrictions during an actual on-site inspection. We could have another iN Member speak about the S.O.P. and what is important for the client to understand about the S.O.P. We could speak about what falls within the scope of a home inspection, and what lies beyond the scope. Etc. All the things that are said in all of those disclaimers that we use in our agreements and reports could be concisely presented in a well produced InterNACHI video.
What do you think? You want me to produce it? If I do, will you link to it?
Now…I never tell them HOW to keep them always happy but you will never get sued by a happy client.