Signature on the Inspection Agreement (Non Confrontational)

Originally Posted By: dbush
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Okay, no blasting about our inspection agreement.


Two questions:

  1. Does the “representative” on the inspection agreement include the buyer’s agent when the client is not to be at the inspection and is not accessible by fax (ie, truck driver).


2. For those that do relocation inspections, who actually signs your agreement? I had one the other day, but the buyer was here in town for the inspections so it was easy but it got me thinking on the next one what do I do, fax it to the relocation company or fax it to the buyer?


--
Dave Bush
MAB Member

"LIFE'S TOUGH, WEAR A HELMET"

Originally Posted By: gbell
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Hi Dave,


I posted mine on my web site. I have found that it works great for clients who will not be there. It is also nice to direct them there before the inspection so they know what to expect.



Greg Bell


Bell Inspection Service

Originally Posted By: gbeaumont
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Hi Guys


Here in Ma I am legaly required to use a contract (I would anyway) I require that who ever is writing the check signs a copy of the contract, whether that is buyer, seller agent or who ever is contracting with me for the inspection.
I have not yet worked with any of the relocation companies, but would imagine that they have their own contracts with their inspectors, and that agreeing to perform an inspection for them that you are agreeing to the terms of their contract with you. Here in Ma that would work as the law does not state whose contract must be used, only that one is in place.

Regards

Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: dbush
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Greg, the website is in the works, however, that does not alleviate the problem of the person who does not have access to electronics. I am doing one later this week for a truck driver who is gone until the day of closing. He will be back that morning.



Dave Bush


MAB Member


"LIFE'S TOUGH, WEAR A HELMET"

Originally Posted By: gbell
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I would have to tell the truck driver to stop at a public library and fill it out. Because I can not give the report until I have a signed agreement.



Greg Bell


Bell Inspection Service

Originally Posted By: dbush
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That was kind of what I was thinking. If I am not mistaken, don’t most truck stops offer fax services?



Dave Bush


MAB Member


"LIFE'S TOUGH, WEAR A HELMET"

Originally Posted By: Ken Papp
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After 6 years of driving truck I can tell you that 99% of all truck stops have faxes icon_lol.gif


Originally Posted By: ecrofutt
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Fax Service is available all over the country. Truck stops, Kinkos, libraries, real estate offices, banks, etc ad infinitum.


You can fax to them. They can fax back.

When your trucker takes a break from the road, he can get the truck stops fax service number, call you and you can fax it to him. He can fill it out while taking a break, and fax it back to you before he finishes his break. No sweat.

In my case, I can also have them download off the web site.

They can then fax back to me. In most legal jurisdictions, faxes are accepted same as originals.

I don't even START the inspection without a signed agreement.

I do the same as Greg. I want them to know what's covered and what's not covered before I hit them with the agreement at the inspection.

Fax & website suit this purpose admirably well.

I also feel that whoever pays for the inspection is the client and that's who needs to sign the agreement.


--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky

www.b4uclose.com

Originally Posted By: lfranklin
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I agree with everyone here so don’t get me wrong here. I think in some areas the agent can sign for their client, but not everywhere so check your area.


Originally Posted By: dbowers
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In Real Estate Law if its not in writing it never happened. Anybody can sign your contract, but unless they have power of attorney for the buyer in the Real Estate Tranaction its no more legally binding on the buyer than if you send it to me and I sign it - that also includes a buyers agent.


Think about what I'm saying - if the Realtor can't sign loan papers for the buyer, he or she can't legally sign you inspection contract and bind the buyers to its terms.

Now that I've said that - it only becomes a problem if someone claims you did something wrong or sues you - then you better have covered your bases.

Dan Bowers (Kansas City)


Originally Posted By: ecrofutt
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Quote:
gbell Posted: Tue, Sep 9th, 10:07 AM Post subject:




I would have to tell the truck driver to stop at a public library and fill it out. Because I can not give the report until I have a signed agreement.


Greg:

Does this imply that you do in the inspection and make up the report without a signed agreement?

That you only require the signature before the report is delivered.


--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky

www.b4uclose.com

Originally Posted By: gbell
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Hey Erby,


I try too have the agreement signed before the inspection. But each situation is different. Sometimes the client does not show until the inspection is complete.


I will say that I have never had someone say that they would not sign it.

As with most things in this business we each have to do what feels right for us.


--
Greg Bell
Bell Inspection Service

Originally Posted By: Blaine Wiley
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Several years ago, I did have a client refuse to sign any agreement which had a liability limitation. Since he refused to sign, I politely declined to perform the inspection. The Realtor called me later and said she had never been so embarrassed, and would never use me again, and because her client was a lawyer eusa_wall.gif I was lucky he wasn’t suing me for “something”. I lost the income, the client and the Realtor, but I didn’t lose a lawsuit. icon_lol.gif That agreement can certainly help save us from unethical people.


Blaine


Originally Posted By: D. Michael Green
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I learned a long time ago during a lawsuit that a signed PRE-INSPECTION service agreement is a must. The client had arrived in the middle of the inspection and signed the agreement. The judge said that a contract signed after the fact was worthless…I have had several incidents where clients refuse to sign…I politely excuse myself and leave. We post our agreement on our website, will fax it email it whatever but it must be signed before the inspection starts. icon_exclaim.gif



Michael Green


InspectorUSA


SWAT Termite & Pest Control


Lexington/Louisville/Ashland/Morehead KY

Originally Posted By: jfarsetta
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I will perform the inspection withut the agreement. However, I will not construct the report, or discuss any findings without the agreement being signed and payment received.


Its not "after the fact" if the agreement is signed and payment is received prior to delivery of the report.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: dbowers
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We will jump through unbelievable hoops to get the inspection agreement to a client before the inspection. We’ve faxed, emailed or overnight expressed them to clients in Europe, the Orient, Switzerland, etc. - BUT - No signed inspection agreement, no inspection and no report.


This is just Good Business - The Bank won't send you the loan money without a signature - who am I to do otherwise?

Dan Bowers (Kansas City)


Originally Posted By: psabados
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Ok, how abuot this angle that I had today


Agent X calls to see if I can inspect a dwelling on Sat. Agent talks to client Mr. B and he agrees. We meet at inspection site at set time, Mr. B's running about 10 minutes late. I chat with agent while walking the perimeter and reading the disclosure statement.

Mr B finally arrives, reads inspection agreement and signs.

Complete the inspection and do a verble report to both Agent X and Mr B.

Agent X writes out the check from his personnal checking account and hands it to me as payment.

When getting ready to leave for my next appt. Some how it was brought up in coversation that Mr B's Brother Mr ? is actually signing all the paperwork including title and loan papers, so that his brother Mr. B can move into this dwelling.

Who the hell is my client? I am delivering the reports to agent X tomorrow pm. I have a small chain of custody line in my report, whoever receives the report signs for it.

Paul


Originally Posted By: D. Michael Green
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Gentlemen,


jfarsetta said,

"Its not "after the fact" if the agreement is signed and payment is received prior to delivery of the report."

In the above referenced case the Judge told me from the bench (because we trying to get him to enforce the arbitration clause) that the client must have an opportunity to know what they are buying before the work is completed. In this case the client did sign the agreement before the report was completed, the client arrived half way through the inspection. The judge refused to enforce the arbitration clause for this reason and because the client had not initialed the clause. He also said that the man's wife who had been there did not sign it and therefore it was not valid. Since then and this was 1993 our policy has been and will continue to be the client must sign the agreement before the work is completed. In any business doing work before the customer signs an agreement is a bad idea. In this business it destroys the front door of your liability management program because the client can always go to court and say I didn't know there were limitations until it was to late and I was forced to sign it in order to buy my house. This is why most states require a three day right of recision on retail service contracts. If you are a roofer are you going to go out buy the materials and reroof the clients roof before he signs the agreement to have you do the work? Now I'm not saying that we should give three days...most of our clients don't have that kind of time...but I do know of a case in Louisville against a home inspector a few years back where the judge threw out his contract because he did not give the client the three day right of recision.


--
Michael Green
InspectorUSA
SWAT Termite & Pest Control
Lexington/Louisville/Ashland/Morehead KY

Originally Posted By: jremas
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OK Nick, there have been some very valid points made here and some first hand experience. This is an extremely important point that could affect anyone’s business. Can we get a legal opinion from this from NACHI’s legal counsel? I would prefer to hear directly from the attorney. Is this possible?? The 3 day rule throwing out a contract really threw me.






Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: rking
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I second Jeff’s request.


I too have encountered the situation previously a few times where I am handing the client the report at the end of the inspection and he/she signs and hands me a cheque.


If this negates the scope and limitations I will be insisting on a pre-signed contract from now on.



Muskoka Home Inspections


“Wisdom is the Anticipation of the Consequences”


Steering Committee Member At Large