esch19 Posted September 30, 2009 Report Share Posted September 30, 2009 Trying to draw up a contract to have a lawyer look over. Need a line about how the report, findings, discussions, etc is between me and client and is not to be re-used, sold, or any other third party ordeals... If I cant get soemthign figured out, I'll jst explain to him what I need then. Thanks, as always, any comments are welcomed. Matt Link to comment Share on other sites More sharing options...
Les Posted September 30, 2009 Report Share Posted September 30, 2009 Matt, Never tell your attorney what to write. Just tell her to write something that she can defend and is "legal". I am of the strong opinion each inspector should have an individual contract. I have a multi-inspector firm and have seen the benefit of indiv contracts. Talk to your atty! Talk to your atty! Talk to your atty! Do not listen to home inspectors!!!! Link to comment Share on other sites More sharing options...
esch19 Posted September 30, 2009 Author Report Share Posted September 30, 2009 Matt, Never tell your attorney what to write. Just tell her to write something that she can defend and is "legal". I am of the strong opinion each inspector should have an individual contract. I have a multi-inspector firm and have seen the benefit of indiv contracts. Talk to your atty! Talk to your atty! Talk to your atty! Do not listen to home inspectors!!!! Hmmm.... I think I could invest some money for something to protect me and my family. Thanks for the response I got to say though, you sounded a little Inspectorphobic with that last line.. lol just kidding Link to comment Share on other sites More sharing options...
Les Posted September 30, 2009 Report Share Posted September 30, 2009 well, maybe pay attention to some of the inspectors on this forum. Not all, just some! Nothing is sadder that an inspector with a bad boiler contract and an irate client. Link to comment Share on other sites More sharing options...
mwood Posted February 11, 2010 Report Share Posted February 11, 2010 This is the first paragraph of my agreement. AGREEMENT: This Agreement is incorporated and included with the Inspection Report to be prepared by Inspector regarding the inspection of the subject premises. Said report is to be prepared for the sole and exclusive use of Client. Anyone executing this agreement on behalf of a buyer or seller of the subject premises certifies that he/she is duly authorized by Client to do so and is bound to deliver to Client the report incorporated herewith along with a copy of this agreement, which shall be binding on Client. Link to comment Share on other sites More sharing options...
Chris Bernhardt Posted February 11, 2010 Report Share Posted February 11, 2010 AGREEMENT: This Agreement is incorporated and included with the Inspection Report to be prepared by Inspector regarding the inspection of the subject premises. Said report is to be prepared for the sole and exclusive use of Client. Anyone executing this agreement on behalf of a buyer or seller of the subject premises certifies that he/she is duly authorized by Client to do so and is bound to deliver to Client the report incorporated herewith along with a copy of this agreement, which shall be binding on Client. Wha, wha, what did that say? Do you think a statement like that can be defended? Little old lady vrs home inspector; judge laughing out of his chair. Chris, Oregon Link to comment Share on other sites More sharing options...
Les Posted February 11, 2010 Report Share Posted February 11, 2010 good example why we should stick with inspecting and not the practice of law. Link to comment Share on other sites More sharing options...
Scottpat Posted February 11, 2010 Report Share Posted February 11, 2010 This is the first paragraph of my agreement. AGREEMENT: This Agreement is incorporated and included with the Inspection Report to be prepared by Inspector regarding the inspection of the subject premises. Said report is to be prepared for the sole and exclusive use of Client. Anyone executing this agreement on behalf of a buyer or seller of the subject premises certifies that he/she is duly authorized by Client to do so and is bound to deliver to Client the report incorporated herewith along with a copy of this agreement, which shall be binding on Client. Hi Morgan, Chris and Les have said it all..... You need to keep in mind that Louisiana is unlike any other state in the Union; Napoleonic law is highly integrated into the legal system in the state so it is a must for an attorney to review and bless as you said everything.... The best agreements are the ones that are easy to read and understand. Good agreements protect your client and you the inspector. Take a look at what I use in TN, it also works well in MS with a little tweaking. It has been "blessed" and cussed by several attorneys and a judge over the years. Actually a US Federal judge helped me with a good part of the verbaige. http://www.traceinspections.com/2009%20 ... EEMENT.pdf Link to comment Share on other sites More sharing options...
Marc Posted February 11, 2010 Report Share Posted February 11, 2010 That part about Louisiana Law being partially modeled after the French is certainly correct. I use the contract designed by our state board, on which an attorney is a member. Marc Link to comment Share on other sites More sharing options...
hausdok Posted February 11, 2010 Report Share Posted February 11, 2010 This is the first paragraph of my agreement. AGREEMENT: This Agreement is incorporated and included with the Inspection Report to be prepared by Inspector regarding the inspection of the subject premises. Said report is to be prepared for the sole and exclusive use of Client. Anyone executing this agreement on behalf of a buyer or seller of the subject premises certifies that he/she is duly authorized by Client to do so and is bound to deliver to Client the report incorporated herewith along with a copy of this agreement, which shall be binding on Client. It must the Alzheimers (Oldtimers) disease setting in; I can't understand this at all. ONE TEAM - ONE FIGHT!!! Mike Link to comment Share on other sites More sharing options...
Steven Hockstein Posted February 11, 2010 Report Share Posted February 11, 2010 Our Organization (NJ-ALPHI) recently hired an attorney to develop a Pre-Inspection Agreement for the members to use as a guide to meet the NJ State requirements for a Pre-Inspection Agreement. The members all have to sign a hold harmless release if they use the agreeement and the members are advised to have their insurance company and/or company attorney review the contract before it is used. Link to comment Share on other sites More sharing options...
Steven Hockstein Posted February 11, 2010 Report Share Posted February 11, 2010 This is what I say: The inspection is furnished at your request and in strict confidence by us, as your agent and employees, for your exclusive use in determining the physical condition of the subject premises. Link to comment Share on other sites More sharing options...
Charlie R Posted February 19, 2010 Report Share Posted February 19, 2010 I say let the lawyer write the agreement . If you want to give the lawyer a couple of sample ones as examples, fine, but if it comes to enforcing the agreement, the lawyer will have to do it so let the lawyer choose the tools. You wouldn't want the lawyer choosing your tools for you to do an inspection would ya? Charlie Link to comment Share on other sites More sharing options...
Erby Posted February 20, 2010 Report Share Posted February 20, 2010 I'm with Charlie. Pull a few samples and let the lawyer do the rest. That first paragraph of Morgan's sounds like it was written by a lawyer who used to be an engineer and then ran through a software translator from English to French and then back to English again. whoo! - Link to comment Share on other sites More sharing options...
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