Originally Posted By: kluce This post was automatically imported from our archived forum.
I was told by my lawyer that as long as the realtor represents the client and it’s in writing, I can have the realtor sign for the inspection. I have one realtor that loves to have the clients pay at closing and a few that planned at the last minute on not showing. Up to this point, I haven’t had any problems with her. If I ever do, I hope my lawyer is right. Besides that, I always try to have the client there and the contract signed before starting an inspection.
Originally Posted By: jfarsetta This post was automatically imported from our archived forum.
contracts.
I'm not disputing what happened to you. I'm just amazed. It's like telling a car dealership that sold someone a car on the spot, and had the client ride away in it, that he could return that car in 3 days for a full refund. You CAN purchase a car in this manner. You can finance it and drive it off the lot the same day in many states. There's no 3-day waiting perion.
As to home inspections, we dont typically set the timeframe. It's usually "how soon can you inspect this house". Home sales in our area (as with most) are time-sensitive. Sometimes I dont even meet the client before the inspection. I take the time to explain the agreement to the client, and they sign it. I never deliver the written report at the conclusion of the inspection. I give a verbal, with the real report to follow in 72 hours (typically).
Some clients pay by check. If they refuse the terms of the agreement, they can always send a letter, or stop payment on the check and send back the report.
I would think it depends upon whether they used the report to their benefit or not. That should have been the question the judge asked. If after having your agreement in their possession for 3-days, and having he opportunity to think about it, why didn't they contact you and state that they wanted their money back and didn't want the report?
Like I said, I'm not disputing your story, I'm just amazed at how some judges render an opinion. Scary, for sure... and something to really think about for all of us.
Thanks, Michael...
-- Joe Farsetta
Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
Originally Posted By: D. Michael Green This post was automatically imported from our archived forum.
Joe,
My point is simply that a contract is not valid if signed after the work has begun. The story of the 3 day waiting period happened to a fellow inspector in Louisville and I know it is true but I agree with you. In most cases we don't have the time to wait three days for a client to review the contract and I do not consider our agreement a retail sales contract. That was one judges opinion which is like buttholes they all have them and in our judicial systems 99% are wrong!
Once again if you are completing inspections prior to getting your service agreement signed you might as well throw your agreement in the trash. I don't care what State you are in....it is simple contract law.
-- Michael Green
InspectorUSA
SWAT Termite & Pest Control
Lexington/Louisville/Ashland/Morehead KY
Originally Posted By: kluce This post was automatically imported from our archived forum.
What is the time limit on giving a report to the client when they have a realtor. Here, the buyer signs a contract by the realtor saying that the buyer has 7 days to have a home inspections done and 2 days after the inspection to determine if they want the house or not. So I inform my clients that I normally give the report at the time of the inspection but I reserve the right to deliever it within 24 hours. If the inspection is done on a Saturday, and Monday is a holiday, the buyer still needs to let the seller know. I think it’s a little silly.
Also on my contract, what I say doesn't mean anything after they received the report. I haven't had any problems with this in my contract or from my clients.
Originally Posted By: jfarsetta This post was automatically imported from our archived forum.
I think our greatest resource on the matter may be to referr the question to Nigel Bonny of FREA. He is their General Counsel and helpd defend HIs all the time. As FREA is where many of us are insured, why not go to the folks who review the actuarials, and are exposed to the court system in all 50 states…
– Joe Farsetta
Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
Originally Posted By: D. Michael Green This post was automatically imported from our archived forum.
I think if you read the fine print of your E&O policy you will find that most of them list as a requirement for coverage that you have a Pre-Inspection Agreement and that it be signed before doing an inspection.
