Hi Nick I am taking you up on your offer. Thank you very much for all you guys and gals do for us. Residential Agreement
I’m going to take it piece at a time (one post per section).
I’m not an attorney. I’m not procuring help from one with this thread. Although I will bring Mark in if there is something I’m unsure of and let him comment.
I’m willing to explain my positions should your attorney wish to come on this message board and discuss my comments.
Let’s get started!
I understand your not an attorney and mine is in Madison busy. But I respect your input and will talk with him on your thoughts. Thank You
My first comment is that an agreement is between two or more parties. Normally, at the beginning of an agreement, the parties of the agreement are made clear. * “This agreement made this day is between bla bla bla and bla bla bla…”* Your inspection agreement doesn’t state who the parties to the agreement are.
ok I see and understand
There are two missing commas from this sentence which the lack of could slightly change the meaning.
ok not sure what I would change thou but I can ask lawyer
This sentence is perplexing to me for two reasons.
First, of course you are going to retain a copy. Why state that in the agreement? What would be the purpose of stating in an agreement that one of the parties is going to retain a copy? Makes no sense.
Second, why did you refer to it as “the” signed agreement? This implies that there is only one executed copy and that the client isn’t provided a copy of what he/she signed. This is a horrible mistake IMHO and may make the contract completely invalid.
ok, I am using the InterNACHI agreement system now so they can down load and your right
I already see the next as its easy now with the agreement system for everyone
I’m not convinced that you can bind someone to an inspection agreement by telling them so within an agreement they have yet to see or sign. Can you imagine if we lived in a world where people were bound by the terms of agreements they didn’t author, didn’t read, didn’t even know about… simply because the author said so in the agreement itself?
Okay got it,
Make up your mind. Does this agreement define the scope, limits and exclusions or does your state SOP do that? I would, instead, reference your state SOP where the scope, limits, and exclusions are already defined by state law. A plaintiff could make the argument that he/she relied on your “explanation” in the agreement you authored instead of the SOP that you merely referenced in a link.
What prevents a plaintiff from pointing to this sentence and complaining to the judge that their misunderstanding of the agreement was because you instructed them to call you and you explained it wrong, instead of getting help from their own independent counsel?
Not bad. I would add what I have inserted in BOLD below:
The purpose of the inspection is to report the general condition of the home and seeks, but does not guarantee, to identify and disclose major defects and deficiencies of the inspected systems and components which existed at the time of the inspection and which are evident to the inspector upon ordinary visual observation.
I’d prefer you to instead reference your state-mandated SOP for reasons I explained in my post #13.
so I had a lawyer look this over 4 yrs ago, looks like i need a different lawyer as i very well see so far everything you have pointed out
You can assert that, but it isn’t true. The seller’s repair contractor’s use of your report does not release you from any and all liability to your client. I know what you were trying to say here, but you didn’t say it. Needs to be reworked a bit.
Not bad. But rather than tell your client where you got some of these limits, why not instead instruct him/her to read your actual state-mandated SOP? That would be better IMHO.
I don’t like your use of the word “disclose” in this sentence because I try to reserve the term to describe “revealing something you already know” as in a seller’s disclosure, but it’s probably fine.