I just received my very first Letter of Demand from an attorney. They are stating that an inspection that we performed on July 15, 2010 is bound by the new Florida Statute regarding regulating Home Inspectors as it pertains to contractual language, disclosure and exclusions.
My understanding is that HB 713 extended the enforcement of the entire bill until July 1, 2011. Am I correct???
What are they demanding? What language do they state is excluded?
What they are stating is that I violated Florida law by not; [1] allowing the client to read and agree to the inspection agreement prior to the start of the inspection. [2] did not explain [via the report] why certain components are excluded from the report. [3] mandated agreement and payment prior to the issuance of the report.
They are claiming that all is in violation of the new statute…
[1] NOT allowing
Number 1 is covered here.
Number 2 is covered here.
I don’t see anything that would cover number 3.
Greg,
I have read the legislation and understand it completely. What I want to know is if HB 713 extended the entire content of 468 to the 2011 effective date.
Really does not matter. Pertaining to #1 clients need to be given the inspection agreement prior to the inspection. Actually they should be given the agreement before we meet them on site. Signing the agreement on site just prior to the inspection or at the end of the inspection constitutes signing “under duress” and the lawyers can have a field day with it if they want to .
Sounds like you have an unhappy client, or one who may be fishing for his money back.
Regarding when the inspection agreement is signed, this would not take in to account if the Client is late or does not attend the inspection and the agent instructs the Inspector to start in their absence. Granted, the Inspector could request the agent to sign of behalf of the Client as “their representative in all things material to the transaction.” But, this would be in direct violation of the statute, as it currently reads, “468.8321 Disclosures.—Prior to contracting for or commencing a home inspection, a home inspector shall provide to the consumer a copy of his or her license to practice home inspection services in this state and a written disclosure that contains the scope and any exclusions of the home inspection.”
Guess we are going to have to start emailing contracts the night before, or as soon as the inspection is booked and have the client bring it with them. The law specifically states that they have the right to review the contract.
That is why I forward a copy of my contract via email to the client, and instruct them to reply via email that they have read and agree to the terms of the contract, just “in case” they are unavoidably late to the inspection. They are also informed that a hard copy will need to be signed at the inspection, but the email confirmation will allow me to begin the inspection in their absence.
Thanks Jeff and to all others. Had the opportunity to bounce these issues off of Nick and other legal experts. And, as I thought, I was spot on with the legislation, et al.
Thread closed…thanks.
Your are freaking kidding. A wind mitigatin is simply a condition of the property at the time of the inspection and is subjective too the parameters of Form OIR-B1-1802.How could you possibly need a lawyer unless you have no experience in producing these reports and have totally screwed up
I think this pertained to a home inspection and not a wind mit.l
who said it was a wind mit?
No it isn’t. I declare this thread a non-closing thread.
lol…it wasn’t a Wind Mit. OK Linas…what would you like to talk about next? LMAO
Mark…no screw up. I have conducted over 4,000 inspections…I think I’ve got the hang of it by now. LOL. This is a union attorney trying to play commercial litigator. LOL
Thanks everyone…