Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.
You need a different inspection agreement for the pre-listing side of the house.
It is good for the conditions of the property found at the time of the inspection, only, and has no shelf life. If you are marketing this idea as a way for homeowners to somehow enhance the marketability of their homes, be careful.
I've gottn lots of resistance from sellers agents and sellers attorneys from this idea. You see, once a defect is revealed, all parties involved in the transaction are obligated to disclose those defects. There's no plausable deniability any longer. They hired an inspector for a professional opinion, and paid for that opinion. You discover a number of defects and inform them and the sellers agent finds out. Those defects follow the house until they are repaired.
Russel Kirk may be able to shed some additional light on the matter, as there is apparently some case law regarding the inspector's liability on the matter.
My 2 cents. At a minimum, you need to add some additional layers of protection within the inspection agreement.
Illigitimi Non Carborundum
"Dont let the bastards grind you down..."