contract question?

[Jared C. Hull]

Hi all,

I'm a new user and a newly licensed HI in MD, and am currently working with my attorney to get a contract written...being new to the industry, I have certain anxieties...mainly regarding liability.

The HI who taught my training course said that he had a 48 hr clause in his contract, within this time period he could amend his report to include research done on any issue of which he did not have full understanding at the time of the inspection, or could basically cover himself if anything missed occurred to him after the inspection.

Does anyone have a similar clause in their contracts?

Are there any specific points that you all may have missed when first starting out that time and experience in the industry caused you to go back and add?

Please advise!

Thoughts and Input greatly appreciated!

Clay

[Rick Maday]

I don't know about MD law, but in Illinois we have to deliver report in 48 hours - no clause needed. Make sure the client understands when they will get the report.
Mine is usually next day, but my contract says 48 hours - underpromise and overdeliver!

[Joe Funderburk, CMI]

I give myself 48 hours to amend a report. Rarely have to do it, but I want the option.

[relliott]

I frequently send a revision.
I have sent them when there are subject areas I wish to clarify or research.
Just basic due-Diligence.
The best contract is eye to eye understanding, and not on paper.

[Jeffrey R. Pope]

In today's fast-paced market, 48 hours is a long time. Many of the BPO and REO sales contracts allow only three days for the inspection contingency.

Personally, I feel you would be better served to do your "research" before you submit your report, and deliver a "completed" report the first time around. If you're unsure about a particular issue defer it to someone who knows. After all, that's what the phrase "further evaluation" means - "I don't know, so let someone else tell you."

My reports are delivered within a few hours after completion of the inspection, and often within the first hour after completion. I'm not going to be the one holding up progress on the sale of the property.

[Joe Funderburk, CMI]

I promise a 24 hour report. But, sometimes (infrequently) I make mistakes. For example, the other night I didn't complete a report until 3:00 a.m. I was exhausted while doing the report. The next day I realized that I completely forgot to include 3 items. I quickly amended the report and re-sent it, apologizing for any inconvenience.

Mistakes happen. Give yourself an opportunity to correct them.

[Jeffrey R. Pope]

I guess that's where different inspection procedures and reporting methods come into play.

My reports are complete by the time I leave the inspection. I don't rely on notes or memory to complete the report later on, or back at the office. The only thing left when I leave the property is to upload photos.

[Nick Gromicko]

Good Lord... if your attorney is blind to the thousands of hours of legal work we've put into our time-tested inspection agreement and is trying to write one from scratch, he is guilty of malpractice. Fire him.

[Gary L. Farnsworth, CMI]

My reports are done on-site. I use a tablet PC and write/tap the report as I go. It is printed on the spot, and fully explained. Pictures taken are then loaded onto my lap-top, shown to the buyer and his/her agent, and then I put the pictures onto a CD on the spot. Done. No waiting. I then review all of the reports at the end of the day. Any descrepencies are writen on an adendeum, buyer and realtor is contacted, and adendum is sent via e-mail. Inspections take a total of about three hours. I do, however, like the 48 hour clause. I may incorporate that. Thanks for the suggestion.

[Frank J. Carey]

I am new also, but I would have to agree with Jeff on this one. Doing your due diligence before submission lends to a "cleaner" report as well. However there still can be room for additional revisions.