Does the client need to actually sign the preinspection agreement or can they just click the box agreeing to it? Is the signature required? The reason I’m asking is that many of my clients do not know how to sign it and are also having a problem with completing a proper signature. They are not able to use their mouse correctly to complete a legible signature. It’s causing me many conflicts with my clients.
I have another question If the client’s realtor signs the pre-inspection agreement on their behalf, do I need to add the realtor’s name to the inspection report (for example; realtor’s name c/o client’s name)?
Another question; When I send instructions to my client on how to access/ sign the pre-inspection agreement I also cc’ the client’s realtors on this email as well, is that ok for me to do? Because then the realtor can just access the inspection agreement portal and put in the client’s email and sign the agreement for the client. Isn’t that forgery? If the client does not want the realtor to sign on their behalf.
I appreciate your feedback.
Thank you, Justin
Signature is required, even if it’s a squiggly line.
It may also be a requirement of your state (if a licensed state) and your E&O insurance (if you carry E&O) as well.
I only send the agreement to my client as the contract is between them and myself/company.
The contract is between you and the client only. I do not believe the agent has the legal authority to complete a contract on the client’s behalf. Best to just leave the agent out of it. For client’s having difficulty you can always bring a hard copy for them to sign at the inspection.
I use the interNACHI agreement which gives the option for an authorized agent to sign on their behalf. I do discuss details via emails with the client and “authorized agent” that this is the consent of the client and that the client has read and agrees to the term of the agreement. It may vary from state to state, but not an issue in mine.
I use Spectora, which the client can just click the agreement to sign. (thats their only option, so thousands of inspectors do it that way)
The agent gets the confirmation with the time and date of the inspection, but cannot access the agreement.
I’m sure if it ever went to court, the agreement would stand, because when they click to sign, they know what they are doing, and the client would be the only one that has that option.
Call your E&O agent. I asked this question when COVID started, and I went to doing the PIA and payment electronically. His advice was, if they were not able to sign electronically, get an email with them replying to the original email that included the PIA. They must say that they have read and understood the agreement and that they are in agreement. At the same time, almost everyone has a smart phone. Have them screenshot the PIA and sign it there.
Clicking the box is all that is needed, assuming the proper wording has been used.
Excerpt from the article I linked to below…
Courts across the United States have confirmed that clicking on a checkbox is akin to a signature on a written contract. Essentially, by clicking “I agree” or “I accept,” the consumer provides the mutual assent required to form a legally binding agreement.
You should listen to this: Home Inspection Agreements With Isaac Peck - Inspector Toolbelt Talk
Excellent idea !
Most of my clients only check the box stating they agree to the terms of the agreement. Once I get this email they are scheduled for an inspection. This is good enough for me.
The Ohio COE stipulates that signatures are required. Personally I don’t think checking a box is a qualified substitute, but I could be wrong.
It’s always best to check with your state and E&O carrier as well.
Personally I send all my PIAs out through ISN, so inputting initials as well as a physical signature is required to complete the process.
1301$17-1-16-Rule-N.xml (ohio.gov)
From page 3:
(2) Every written home inspection contract shall include:
(a) The inspection fee;
(b) The address of the property;
(c) Client’s name;
(d) Authorized recipient(s) of the report;
(e) Date of the inspection;
(f) Statement that the work to be performed is a home inspection as defined in
division (C) of section 4764.01of the Revised Code;
(g) Signatures of the licensee and client and date signed; and
(h) Statement that the report is prepared in accordance with Chapter 4764. of
the Revised Code and rules adopted thereunder.
I too am a Spectora user, (love it btw) and posed the question about check box vs. signature to Joe Denneler in Dec of 2020, his response was,
“The system can provide proof of e-signature when needed so nothing to worry about at all.”
Yup, check box is all you need
It also records the IP location of the client that signed. 
My VPN masks my IP location.
But not the clients
Let’s just pretend that I am the client.
Aahh, true
Capturing a signature adds a level of professionalism over getting a box checked. Justifying the use of the checkbox reflects a system that’s begging to be updated to signatures.