We are getting ready to do our second pre-listing inspection.
I had some problems with the 1st one. Here are the problems that I had with it.
The agent paid for the pre-inspection. I put the contract in the agents name. Should I have put it in the sellers name, since it is their home?
In this case the realtor is the client and I would not have a problem with that. I would not add the owners because there is no need to be liable to them as well.
We were never called back to do a re-inspection, until after the home sold.
Do you mean after the offer was accepted or after closing escrow? Not very smart of the buyers to do it after closing.
The agent / seller used the prelisting inspection as a marketing tool, but the prospective buyers wanted us to come out to do a re-inspection to make sure that everything listed on the pre-listing inspection was completed.
Twice the business is nice!
I put the re-inspect agreement in the sellers name.
But it was the buyer who was the client. Makes one wonder about the legal validity of the agreement.
I am uneasy with the scenerio I listed above. I always imagine what will be presented in court, and to be honest, I think the above is screwed up.
I agree. These type of inspections need to be carefully handled when it comes to the legal specifics.
Does anyone have a copy of a pre-listing inspection contract, and give me some feedback on how you handle prelisting inspections, such as when to do a re-inspection on a pre-listing inspection?
Any help would be appeciated.
I do not have one drafted yet but I’ll share some ideas …
If the inspection report is being used as a marketing tool by the realtor, the agent should be the client and a contract should be tailored specifically to this situation. A crucial item in the contract, as well as written into the body of the report itself would be …
The inspector only assumes liability to the client for accuracy of the inspection findings. The inspector and the client do not assume liability to any individuals who make any decisions with financial implications based on the report findings. The client agrees he or she is only permitted to endorse the inspection report itself. The client agrees that endorsement of the inspection findings in any manner makes the client solely liable for the accuracy the report findings. The client agrees that liability can not be transferred from him/ or her to the inspector.