Table of Content
Before bringing any such action, you must provide InterNACHI with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury. Additionally, when confronting allegations, claims professionals often use signed pre-inspection agreements as the home inspector’s first line of defense. They do so by emphasizing the limitations of liability and inspection scope outlined therein. Frequently, claims adjusters can dismiss frivolous allegations against a home inspector with the help of the inspector’s pre-inspection contract—much like the California court dismissed Moreno v. Sanchez.
We will perform a visual, non-invasive inspection of the home/building and one garage, either attached or detached, and provide you with a written report identifying the defects that we observed and deemed material. This report is only supplementary to the seller’s disclosure. Below is the agreement to be signed prior to the inspection; it was created by InterNACHI, the professional organization of which I am a member. The insurance company that issued Acorn's Errors and Omissions Insurance Policy requires this agreement to be signed before any inspection is done. Please review the agreement carefully because it limits liability and specifies the terms of the contract.
What is a Pre-Inspection Agreement for Home Inspection?
Provide recommendations regarding the need to repair, replace and/or monitor a system and/or component, or obtain examination and analysis by a qualified professional, trades-person and/or service technician. Check the box to signify that you have read the contract terms. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, and assigns. Interested in learning more risk management tips firsthand?
Licensing & Certification InterNACHI® can help you get licensed in your state or province, and provides certification to help you stand out from the crowd. This Agreement shall he binding upon and inure to benefit of the parties hereto and their respective spouses, heirs and successors." The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party."
Sample Agreement
Before bringing any such action, you must provide InterNACHI with 30 days' written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. Our pre-inspection agreements are an additional benefit available at no additional cost to our clients. All you need to do is be one of our insured inspectors with an errors and omissions (E&O) and general liability policy. This inspection will not include destructive testing of any kind.
The inspection is intended to evaluate systems and components of the primary premises. Evaluation of primary attached garages/carports/decks/porches/patios, are also included. Detached garages/carports/patios/decks or other structures unless explicitly specified, are not included.
Pre-Inspection Agreement
Regardless of state requirements, you should certainly have a written operating agreement. You should also speak to a lawyer in your state who is fully familiar with setting up a business in that state and who knows the state’s requirements for doing so. Consulting with a lawyer will help ensure that you have an operating agreement that protects you, your assets, and your family from any possible liability and to set forth the terms of the operation of the LLC for the future. It’s crucial to have an attorney’s assistance when creating a pre-inspection agreement since state laws vary. Limitations of liability provisions, in particular, can be location-specific. By drafting an easy-to-follow and clear pre-inspection agreement, inspectors are likely to resolve disputes before a lawsuit arises, with less impact on their home inspection insurance.
Without signatures signifying consent and agreement, it’s just your word against your clients’. But it’s more than just a matter of who signs the dotted line (a topic we’ll explore in more detail in the Managing Risk column in the November issue of the ASHI Reporter). If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement.
THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY LAW. B. The client agrees that any claim arising in connection with this agreement shall be made in writing to the Company by certified mail, return receipt requested within 10 days after discovering any problem. In general, as long as the document is drawn up by an experienced attorney then the density and length of the document will be your preference.
A good document can help your insurance and legal teams defend you in the event of a claim. More than a year after their inspection, one of our insured home inspectors received a letter from an attorney. The attorney alleged that the home inspector was negligent in performing his clients’ home inspection and failed to identify multiple defects. The letter demanded that the inspector pay the cost of repairs to multiple areas of the property. These included dormer repairs, window repairs, drywall repairs, heater repairs, mold remediation , flooring replacement, painting, and toilet and sink reinstallation.
The pre-inspection agreement is an essential tool in protecting not only your client but yourself as well. Because non-local clients may have not yet seen the house, it is up to you to protect yourself by securing the inspection agreement signature. In most cases, an email or fax signature will be relatively easy to obtain. A statute of limitations provision deters clients from coming back with complaints against home inspectors long after their inspection.
We disclaim all warranties, express or implied, to the fullest extent allowed by law. You must give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. A critical component of the home inspection process is a pre-inspection agreement. A pre-inspection agreement should be signed by clients before a home inspector performs an inspection. A pre-inspection agreement sets clear expectations and protects the home inspector against future claims and disputes. Key elements for pre-inspection agreements are included in the contract.
No comments:
Post a Comment