# The Client Fidelity Pledge and the opposing pledge

**URL:** <https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052>\
**Category:** Legislation, Licensing, Ethics & Legal Issues\
**Created:** [August 9, 2013, 4:11pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052 "2013-08-09T16:11:29Z")\
**Posts on this page:** 20\
**Page:** 2

<div class="post-metadata">

**Author:** ![jkeilson](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jkeilson/32/59574_2.png) [@jkeilson](https://forum.nachi.org/u/jkeilson)\
**Post date:** [August 10, 2013, 2:05am UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/21 "2013-08-10T02:05:49Z")

</div>

> [@nthornberry](#):
>
> Made up person, fake posting, long response, called out on long response, respond in threats.
> 
> Your ESOP Chair everybody!

My guess is you are wrong again, Want another try? it’s 3 for 5 bucks at the circus this week. But for little cute kids with red hair and rosey cheeks you get 1 extra guess for Free.😉

Or forgoe the guesses and gibe some answers. You’re shot to tell the world.

Jim

---

<div class="post-metadata">

**Author:** ![dduffy](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/dduffy/32/554_2.png) [@dduffy](https://forum.nachi.org/u/dduffy)\
**Post date:** [August 10, 2013, 5:00am UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/22 "2013-08-10T05:00:20Z")

</div>

In simple words, the vendor made the home inspectors recruited who peddle his wares put a clause in their inspection agreements so consumers like Mr Biggs have no idea where his personal information may end up.

Because the inspectors are forbidden to talk about it on a forum, such as this. Nor do the inspectors probably even know who may end of with the client(s) personal information, only the vendor does.

I presume the inspectors peddling these wares simply ask their clients who have much more important things on their minds who are glancing through the inspection agreement to “initial here” if you don’t mind if I provide your private contact information to (TPSP) guised alarm brokers as someone providing outstanding superior products, whether you want them or not.

In which anyone can get their own information regarding recalls of any kind, even the car they drove to the inspection in, let alone the appliances which many don’t even convey with the sale of the property.

It most certainly is a great scam, it probably took many man hours to concoct a way to get the home inspector clients personal contact information emailed to vendors. Sad really.

---

<div class="post-metadata">

**Author:** ![dharris](https://avatars.discourse-cdn.com/v4/letter/d/34f0e0/32.png) [@dharris](https://forum.nachi.org/u/dharris)\
**Post date:** [August 10, 2013, 1:40pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/23 "2013-08-10T13:40:00Z")

</div>

> [@dduffy](#):
>
> In simple words, the vendor made the home inspectors recruited who peddle his wares put a clause in their inspection agreements so consumers like Mr Biggs have no idea where his personal information may end up.
> 
> Because the inspectors are forbidden to talk about it on a forum, such as this. Nor do the inspectors probably even know who may end of with the client(s) personal information, only the vendor does.
> 
> I presume the inspectors peddling these wares simply ask their clients who have much more important things on their minds who are glancing through the inspection agreement to “initial here” if you don’t mind if I provide your private contact information to (TPSP) guised alarm brokers as someone providing outstanding superior products, whether you want them or not.
> 
> In which anyone can get their own information regarding recalls of any kind, even the car they drove to the inspection in, let alone the appliances which many don’t even convey with the sale of the property.
> 
> It most certainly is a great scam, it probably took many man hours to concoct a way to get the home inspector clients personal contact information emailed to vendors. Sad really.

Duffy what happened to you  
I cannot believe you jumped into the soupwagon with the losers like that bushart abd farcetta guys:mrgreen:

---

<div class="post-metadata">

**Author:** ![jkeilson](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jkeilson/32/59574_2.png) [@jkeilson](https://forum.nachi.org/u/jkeilson)\
**Post date:** [August 10, 2013, 7:51pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/24 "2013-08-10T19:51:49Z")

</div>

> [@dharris](#):
>
> Duffy what happened to you  
> I cannot believe you jumped into the soupwagon with the losers like that bushart abd farcetta guys:mrgreen:

Dale is a smart cookie with mad skills. A very respected Inspector (and rightfully so) in the Inspection Biz.

Jim

---

<div class="post-metadata">

**Author:** ![jfarsetta](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jfarsetta/32/327_2.png) [@jfarsetta](https://forum.nachi.org/u/jfarsetta)\
**Post date:** [August 12, 2013, 1:06pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/25 "2013-08-12T13:06:02Z")

</div>

Hey, Dan…

Thanks for standing up.

---

<div class="post-metadata">

**Author:** ![John\_Biggs](https://avatars.discourse-cdn.com/v4/letter/j/e47c2d/32.png) [@John\_Biggs](https://forum.nachi.org/u/John_Biggs)\
**Post date:** [August 12, 2013, 6:37pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/26 "2013-08-12T18:37:56Z")

</div>

> [@nthornberry](#):
>
> I’m just not even sure who he thinks he’s impressing anymore. **Pretty much everybody at** [www.trustyourinspector.garbage](http://www.trustyourinspector.garbage) or whatever is useless and just makes InterNACHI look bad. They’re here on the message board all day too, which says a lot.
> 
> That’s why you’ll see I’ve been out for whole days and when I come back they’re still talking about me! Even Joe Farsetta the other day had like three posts that simply said “Nathan?”

> [@nthornberry](#):
>
> Would you care to comment on the posts from the 9 others on that site?
> 
> **You’ll notice I said “most”** , I was excepting Dale Duffy. I’m not sure what he was on when he jumped in that soup kitchen.

English is my first language with others (plural) as secondary. There was no mistaking that you included everybody on that list at [www.trustyourinspector.org](http://www.trustyourinspector.org) . I am understanding what others have been saying about your attempts at changing what you say. That is sad as it does not reflect well upon you or your company.

---

<div class="post-metadata">

**Author:** ![John\_Biggs](https://avatars.discourse-cdn.com/v4/letter/j/e47c2d/32.png) [@John\_Biggs](https://forum.nachi.org/u/John_Biggs)\
**Post date:** [August 12, 2013, 6:48pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/27 "2013-08-12T18:48:21Z")

</div>

> [@kleonard](#):
>
> Mr. Biggs,
> 
> Not only are the people who signed the vendor pledge most likely embarrassed to publicly admit it, they are also probably scared as well, seeing how it would violate the contract, directly or indirectly, that they signed with this particular vendor.
> 
> Maybe the vendor will give them written permission right here on this MB to speak.
> 
> Regardless, I wish you luck in your endeavor & hope they have the balls to speak up and answer your questions.
> 
> [http://www.alarmleadsprogram.net/](http://www.alarmleadsprogram.net/)

Yes I have had the opportunity to read through various parts of this vendor’s contracts. Quite frankly I do not understand how any Home Inspector could agree to any such language. The contract is very well worded to place the Home Inspector directly in the middle of any problems that might arise and makes the Home Inspector completely responsible as well as unable to defend themselves.

It is interesting that those that seem to support this vendor and the products sold apparently have not done their homework either. You Home Inspectors are basically consultants who sell your opinions to the consumer. That has, for the most part, exempted you from the Deceptive Trade Practices Act (DTPA). However once you start selling products and services that are not your opinions based on your primary function you no longer enjoy that protection against the DTPA. It only takes one consumer complaining and they have a simple loop hole to break your barrier against the DTPA.

It would certainly be in the benefit of any Home Inspector selling products and services beyond their own consulting services to discuss with their own Attorney how the consumer can reach you more easily in a legal dispute. Of course you can always listen to this vendor and his supposed legal team that is there to protect the vendor and not you. Naturally I would expect any Home Inspector selling these products and services not to have the business acumen to see this. This is most likely also why no Home Inspectors who sell these products, or are attempting to debase or ridicule others who do not agree with or use the products, are willing to attempt to answer my questions.

---

<div class="post-metadata">

**Author:** ![jfarsetta](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jfarsetta/32/327_2.png) [@jfarsetta](https://forum.nachi.org/u/jfarsetta)\
**Post date:** [August 13, 2013, 1:35pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/28 "2013-08-13T13:35:01Z")

</div>

Mr. Biggs,

> [@](#):
>
> It would certainly be in the benefit of any Home Inspector selling products and services beyond their own consulting services to discuss with their own Attorney how the consumer can reach you more easily in a legal dispute.

This advice is consistent with what I have recommended for months now. The vendor in question seems to have an aversion to recommending any inspector seek competent counsel on these matters on his/her own. Instead, the advice is to believe him, as he is an industry expert and has attorneys that work for him.

There is a particularly significant clause in one of this vendor’s contracts which required the inspector to indemnify the vendor in the event of an action. It would be interesting to see if this clause is, in fact, universally enforceable. This brings another question to light as it pertains to the concept of consideration, which is another thing I have asked repeatedly. Absent of consideration, is a contract enforceable. Generally speaking, in contract law, there must be some consideration, or something of value.

The vendor has claimed that some things have a $0 value. I don not believe this works. When suggested to consult an attorney, anyone who does such is characterized as an idiot.

---

<div class="post-metadata">

**Author:** ![nthornberry](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/nthornberry/32/1982_2.png) [@nthornberry](https://forum.nachi.org/u/nthornberry)\
**Post date:** [August 13, 2013, 1:53pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/29 "2013-08-13T13:53:36Z")

</div>

This post was flagged by the community and is temporarily hidden.

---

<div class="post-metadata">

**Author:** ![mlarson](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/mlarson/32/89225_2.png) [@mlarson](https://forum.nachi.org/u/mlarson)\
**Post date:** [August 13, 2013, 1:54pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/30 "2013-08-13T13:54:38Z")

</div>

> [@nthornberry](#):
>
> Actually, it’s just you who is the idiot. Get it right.
> 
> It’s hypocritical.

Is there ever a day in your life when you don’t lie?

---

<div class="post-metadata">

**Author:** ![jfarsetta](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jfarsetta/32/327_2.png) [@jfarsetta](https://forum.nachi.org/u/jfarsetta)\
**Post date:** [August 13, 2013, 2:47pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/31 "2013-08-13T14:47:19Z")

</div>

Nathan,

I have never recommended taking MY word for anything. In fact, I consistently recommend that inspectors check with their own attorneys. YOU are the individual who provides all the excuses why an inspector should not do this.

Once again, you perpetuate the myth that you say something different.

So, Nate… please agree with me that the very BEST thing an inspector should do with regard to contractual questions is to seek competent legal counsel from those who represents THEM, and no one else; THEIR attorney.

My position is repeated every time the question comes up.

As to the concept of consideration, it either exists or it does not exist. There are many forms of consideration. “Consideration” requires value, which is indeterminate. This is why cars and houses are sometimes sold for $1. $1 represents consideration, paid to the parties involved in the contract, and cannot involve a 3rd party.

---

<div class="post-metadata">

**Author:** ![jfarsetta](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jfarsetta/32/327_2.png) [@jfarsetta](https://forum.nachi.org/u/jfarsetta)\
**Post date:** [August 13, 2013, 7:54pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/32 "2013-08-13T19:54:13Z")

</div>

Bump.

---

<div class="post-metadata">

**Author:** ![rlewis5](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/rlewis5/32/337040_2.png) [@rlewis5](https://forum.nachi.org/u/rlewis5)\
**Post date:** [August 13, 2013, 7:55pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/33 "2013-08-13T19:55:41Z")

</div>

That is excessively old.

> [@mlarson](#):
>
> Is there ever a day in your life when you don’t lie?

---

<div class="post-metadata">

**Author:** ![mlarson](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/mlarson/32/89225_2.png) [@mlarson](https://forum.nachi.org/u/mlarson)\
**Post date:** [August 13, 2013, 8:01pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/34 "2013-08-13T20:01:52Z")

</div>

> [@rlewis5](#):
>
> That is excessively old.

I’ll make a deal with you.

You keep track of his lies for while.

call him out on his lie within 60 minutes of each occurrence and you won’t hear from me.

---

<div class="post-metadata">

**Author:** ![rlewis5](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/rlewis5/32/337040_2.png) [@rlewis5](https://forum.nachi.org/u/rlewis5)\
**Post date:** [August 13, 2013, 8:07pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/35 "2013-08-13T20:07:27Z")

</div>

Geesus !  
It has gotten you nowhere ,but you still keep doing it.

> [@mlarson](#):
>
> I’ll make a deal with you.
> 
> You keep track of his lies for while.
> 
> call him out on his lie within 60 minutes of each occurrence and you won’t hear from me.

---

<div class="post-metadata">

**Author:** ![grussell](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/grussell/32/60262_2.png) [@grussell](https://forum.nachi.org/u/grussell)\
**Post date:** [August 13, 2013, 8:07pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/36 "2013-08-13T20:07:50Z")

</div>

> [@rlewis5](#):
>
> Mr. Biggs  
> Where are you located ?  
> What is your occupation?
> 
> Answering these questions will help me figure out why you even care.

My thoughts exactly. Looks like a familiar writing style and we do have one member that has bragged about their various anonymous accounts on other forums…

---

<div class="post-metadata">

**Author:** ![grussell](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/grussell/32/60262_2.png) [@grussell](https://forum.nachi.org/u/grussell)\
**Post date:** [August 13, 2013, 8:13pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/37 "2013-08-13T20:13:58Z")

</div>

> [@jfarsetta](#):
>
> Mr. Biggs,
> 
> This advice is consistent with what I have recommended for months now. The vendor in question seems to have an aversion to recommending any inspector seek competent counsel on these matters on his/her own. Instead, the advice is to believe him, as he is an industry expert and has attorneys that work for him.
> 
> There is a particularly significant clause in one of this vendor’s contracts which required the inspector to indemnify the vendor in the event of an action. It would be interesting to see if this clause is, in fact, universally enforceable. This brings another question to light as it pertains to the concept of consideration, which is another thing I have asked repeatedly. Absent of consideration, is a contract enforceable. Generally speaking, in contract law, there must be some consideration, or something of value.
> 
> The vendor has claimed that some things have a $0 value. I don not believe this works. When suggested to consult an attorney, anyone who does such is characterized as an idiot.

Oh my God Joe!!! First the personal vendetta against Nathan now you’re responding to Bushart’s doppelganger as if he is a real consumer. PHULEEESE!

---

<div class="post-metadata">

**Author:** ![jfarsetta](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/jfarsetta/32/327_2.png) [@jfarsetta](https://forum.nachi.org/u/jfarsetta)\
**Post date:** [August 13, 2013, 8:20pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/38 "2013-08-13T20:20:44Z")

</div>

George,

I have asked Jim repeatedly if he was John Biggs. He assures me he is not.

Biggs has not responded to me. I must assume there is a reason.

There is no vendetta against Nathan. Never has been.

---

<div class="post-metadata">

**Author:** ![rlewis5](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/rlewis5/32/337040_2.png) [@rlewis5](https://forum.nachi.org/u/rlewis5)\
**Post date:** [August 13, 2013, 8:26pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/39 "2013-08-13T20:26:08Z")

</div>

Could be an alter ego !

---

<div class="post-metadata">

**Author:** ![rlewis5](https://sea2.discourse-cdn.com/internachi/user_avatar/forum.nachi.org/rlewis5/32/337040_2.png) [@rlewis5](https://forum.nachi.org/u/rlewis5)\
**Post date:** [August 13, 2013, 8:27pm UTC](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052/40 "2013-08-13T20:27:05Z")

</div>

> [@jfarsetta](#):
>
> There is no vendetta against Nathan. Never has been.

Are you saying this doesn’t stem from Nathan ?

[Previous page](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052.md?page=1)

[Next page](https://forum.nachi.org/t/the-client-fidelity-pledge-and-the-opposing-pledge/80052.md?page=3)
