inspectorbello Posted January 24, 2014 Report Posted January 24, 2014 I'm not sure if this is the right category for my question but I will give it a shot! I'm looking for a website that might have a few good examples of recent contracts. Since it's a new year I want to see if my agreement is missing any important language that will help me if I ever get a lawsuit filed against me......perish the thought lol! Any suggestions appreciated, thank you!
Robert Jones Posted January 24, 2014 Report Posted January 24, 2014 Rather than a website, I would check with a local attorney that practices in real Estate law in your State. If you are a member of ASHI, see if the local chapter has a version that they have had worked up by a local attorney.
Marc Posted January 24, 2014 Report Posted January 24, 2014 Contact Attorney Joe Ferry at joeferry.com He's specializes in home inspector needs. I've seen several HI contracts that had been 'reviewed' by an attorney. All were bad enough for any HI with decent common sense to pick apart. Marc PS. Those that don't like Ferry, my seat belt is fastened, so let me have it.
Jerry Lozier Posted January 24, 2014 Report Posted January 24, 2014 Contact Attorney Joe Ferry at joeferry.com Agreed, had him check out my contract a few years ago, made some changes that helped me fight off a meritless claim last year. My contract, a good inspection report, the WA SOP and a couple letters from Mr Ferry all helped it go away.
Les Posted January 24, 2014 Report Posted January 24, 2014 Joe is not for everyone, but he has been around for the long run. Never pictured Marc and Joe Ferry working together! Go to a local atty and draft a contract she can defend. Edit: came back to this after a few minutes to ask why you think you need a contract? Do you need it for your protection or for your client's protection? Does it outline what you will do? Does it manage client expectations? Contracts are unique. My "contract" is really different from my competition. My "contract" is where I get my first exchange with the client. It is a great opportunity to get to know them and be sure they know what I can do and will do. It works for me because I do 99% of my inspections with a client on-site. I spend couple hours with my client and need a mechanism to introduce myself; contract. I guess my real point is to advise you to go to an atty and establish a relationship with her. it is cheap and will give you some peace of mind. I have never worried about being sued.
Scottpat Posted January 24, 2014 Report Posted January 24, 2014 If you are a member of ASHI they have I think Six sample contracts that have been approved by their attorney. They are in the members section of the website. I have one on my website that many folks have discovered and borrowed.
Jim Morrison Posted January 24, 2014 Report Posted January 24, 2014 Don't take contract advice from anyone who isn't admitted to your state's bar. A bulletproof Mass. contract might get you into trouble in another state.
John Dirks Jr Posted January 26, 2014 Report Posted January 26, 2014 Always keep in mind that no contract is going to have absolute power in keeping you out of trouble. If an attorney can convince a jury you did wrong, you loose.
John Kogel Posted January 27, 2014 Report Posted January 27, 2014 Always keep in mind that no contract is going to have absolute power in keeping you out of trouble. If an attorney can convince a jury you did wrong, you loose. A jury trial for HI? Isn't it more likely to be a judge in civil court? But then you are in Maryland, right. []
John Dirks Jr Posted January 27, 2014 Report Posted January 27, 2014 Always keep in mind that no contract is going to have absolute power in keeping you out of trouble. If an attorney can convince a jury you did wrong, you loose. A jury trial for HI? Isn't it more likely to be a judge in civil court? But then you are in Maryland, right. [] Yup, litigants can request jury trial for civil cases here. A judge could be deciding your fate as well, such as you mentioned.
Scottpat Posted January 27, 2014 Report Posted January 27, 2014 The key is to settle before you get to the Judge or jury! The only folks that really profit in any lawsuit are the attorney's and the expert's!
inspectorbello Posted January 28, 2014 Author Report Posted January 28, 2014 Thanks to everyone for the suggestions. My present contract has been reviewed by an attorney but some time has passed since then and I have just been thinking about it lately and wondering if there is something else I could do to cover my bases. I don't really worry about lawsuits but the possibility is always there.
inspectorbello Posted January 28, 2014 Author Report Posted January 28, 2014 Truer words were never spoken! Always keep in mind that no contract is going to have absolute power in keeping you out of trouble. If an attorney can convince a jury you did wrong, you loose.
inspectorbello Posted January 28, 2014 Author Report Posted January 28, 2014 Thanks Scott! If you are a member of ASHI they have I think Six sample contracts that have been approved by their attorney. They are in the members section of the website. I have one on my website that many folks have discovered and borrowed.
allseason Posted February 4, 2014 Report Posted February 4, 2014 It needs to be specific to your state if that state requires a PIA. In NJ & NY they list for you certain items that it must contain. NY even tells you what font size to use, no fine print. I performed an inspection several years ago for a client who was a law school buddy of the attorney that I had paid a lot of money to review and revise my PIA. When he read it he said he was not happy with some areas of the contract but would sign it regardless. I assured him that if we all did our jobs it would be just fine. The people who write the contracts are likely the most proficient at deconstructing the same.
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