Inspection Agreement Review

In #1 of your contract you state that you are going to do some kind of an inspection that is very different than what a general home inspection is:

That’s fine I guess, but it isn’t a home inspection.

Of course. Do you really need to spend contract space explaining that which is over obvious? You already explained what your inspection is. I don’t think anyone could reasonably argue that they expected an inspection to include repairs and replacements, so there really is no need for this line.

So if you see the roof leaking, you can’t determine that it leaks? Also, no roof, even one that doesn’t leak, is “watertight.” Submarines are watertight. Roofs shed water.

Also, it appears you are now issuing a “rating” to the condition of the material. What rating system are you using? What material are you rating?

5% margin on what? Gross profit? You aren’t seriously claiming that your evaluation of anything is so accurate as to be within plus or minus 5% of the true value, do you?

You just got done saying the inspection doesn’t include the above elements. Now you say that it does include the elements you named above this line. Make up your mind.

Also, what if they are restricted by the seller instead of the client?

I got this agreement from HIP’s software and obviously did not do my due diligence in reading through it before deciding to use it. The only section I added is #10, what are your thoughts on that? I think I will use InterNACHI’s agreement instead of this one after all the holes in it you have pointed out to me!

The first sentence is true. The second is false. A seller of a property need not disclose such items if he/she doesn’t know about them. One has no duty to disclose that which one has no knowledge of.

“in additions to?” I think you mean “in addition to.”

Also, how would legal counsel or a real estate agent identify items subject to disclosure?

Interesting concept based on age of the structure.

You just told me the exact opposite. Furthermore, Who must mark them as such? Are you telling your client to mark them as such or are you explaining to your client that you have no choice but to mark them as such?

#2 of your contract reads:

But not you personally, just your company?

#3 reads:

I wouldn’t waste contract space telling your client they have to assure you that you can enter the property to inspect the property. You are already getting that assurance by virtue of them hiring you and scheduling the inspection. Overkill IMHO.

Over-overkill. What damages could someone claim in the 1 in a million chance that you didn’t have permission to inspect the property anyway? That you peeked at their furnace filter? No need for this.

Only permits after it was built? But don’t check to see if the home was permitted to begin with?

#4 reads:

What “Order Form?” Do you mean this “Inspection Contract?” You titled this document: “Inspection Contract” so “Order Form” must be referring to some other document.

#5 reads:

Making untrue statements doesn’t make them true.

But happy sellers don’t change anything?
Also, you are missing punctuation at end of that sentence.

#6 reads:

So not only are you inspecting to the “Sandia Home Inspection Standards of Practice” (which I’ve never heard of) instead of an industry standard, you don’t even furnish a copy? Your client has to request this unknown SOP separately?

#7 reads:

We’re only on #7 of 11 and we’re agreeing to have read something and accepting it?

Also, who is “I” in this sentence? “I” meaning you Chris Franklin? That’s how it reads.

Also, how does one "accept the Terms and Conditions of an inspection? An inspection doesn’t have terms and conditions. An inspection contract does.

Also, you mention a fourth secret document “The Waiver Conditions.” What is that and where is it? Where are all these documents you’ve mentioned?: Items subject to disclosure, The Order Form, The Sandi Home Inspection Standards of Practice and now The Waiver Conditions.

#8 reads:

So I can’t show my wife the report?

#9 reads:

Again, saying something untrue doesn’t make it true.