mvergara
(Michael Vergara, CMI FL License: HI 1344)
1
Hi all,
I was recently being sued by a past client who went past his due diligence inspection period and lost his money in escrow. About $5000 of it. His anger lead him to come up with the idea to bring up a law suit against the realtor and myself claiming it was our fault. A completely merit-less accusation. I ran this By Nick and Ben Gromicko for their input on how long the max turn around time should be on reports. Nick Gromicko even offered to fly down as a witness for my case!
I went to the pretrial hearing yesterday. I was the only one to show up without an attourney. But I came prepaired with my signed copy of the InterNACHI inspection agreement and the Homegauge “All Events” list from my uploaded report. It documents when a report was uploaded as well as when and what I.P Address accessed it for the buyer, realtor and any third party. The InterNACHI inspection agreement worked like a champ. I made a motion to be dismissed from the case and the Plaintiff’s attorney agreed, after I highlighted 4 points of the agreement the buyer had defaulted in. Also they all agreed 3 business days is substantial time to get a report out, I got it out in less than 2 business days. I’ve also been cleared of all allegations through the FL Dep. of Business and Reg. It’s all on the buyers realtor now for not keeping track of the deadline period.
Impressive and at the same time it shows you how you can be sued for absolutely nothig that had to do with you.
I would suspect the agent was the one who hired you? You would think if you were contracted by the buyer themselves, due dilligence would be their problem and not yours.
I used to think that, But I have reached out to you a few times, and all you have done was make a mockery of it and laugh when I have asked you for help.
I am A 4 year NACHI member with a ton of friends and associates here, but with absolutely no backing of the association whatsoever.
Jim, you are often in a battle but with fellow members, not a legal battle with someone outside the association who is suing you. Don’t look to me in such situations. I try my best not to get between members. It takes two to tango.
The issue Michael had can’t compare to your daily (it seems) message board squabbles. He was being sued in court.
I know the difference, but when you have been the victim of coe violations by other members and all that is done is you get told tough poop and resign, then the founder himself (you) even jump on the bandwagon and defame me and my business in public…well there goes any warm fuzzy feelings of an association. Just sayin…
Yes, around here - depending on the type of the inspection, if it is a pre-purchase inspection, you get no longer than 24 hours to prepare and send the report to your client.
I agree with you about the back log. I tell all clients we guaranty 24 hrs or less. Just to cover our nutts if it was a long extra busy day. This would give us the night to get them all done and out. But we do try to get all reports done and out that same day as well. Hence why I am sitting here finishing up one from today
In TX we have 3 days. I would never think about going past 12 hours. My contract states report will be delivered within 24 hours for the same reasons Jim said.
In any case, it’s good to see Mike was able to get the suit dropped against him!