Pre-Listing Agreement

[Robert Robson]

I'm sure this question has been asked many times before and I apologize. I am no lawyer but it would seem to me that a pre-listing agreement would, or should differ from a standard insp agree to provide adequate liability protection. With the current condition of the market I am just starting to get requests for pre-list insp. I have had to politely turn them away because I do not feel my agreement or the NACHI agreement will adequately protect me from the pit falls that seem obvious to me.
Can anyone tell me where I can find examples of pre-listing agreements or does NACHI have one that I'm not aware of so I might take advantage of this source of inspections.

[Nick Gromicko]

Show me a "pit fall that seems obvious to you" in the InterNACHI agreement.

[Robert Robson]

Well as I said I'm no lawyer but as an example after I perform an Insp for the seller and the buyer still insists on his own inspection and the buyers inspector finds, or dosen't find the same conclusion as my report on something that a time differnce would not be a factor and the buyer would choose to sue me for what did or did not need correction. I am not concerned about not being a good inspector but there are some who just like to stick you for anything they think they can, just like my brother in-law THE LAWYER.

[Nick Gromicko]

That wouldn't go in your agreement since it would not be your client. It would go in your report.

Here:

A nice little disclaimer for pre-listing inspection reports:

"Note: Just as no two home inspectors and no two reporting systems are alike, no two inspection reports, even if performed on the same property at the same time, are alike. This pre-listing inspection report was performed for my client, the home seller, with the cooperation and assistance of my client/home seller. It assumes full disclosure on the part of my client/home seller. My client may choose to share my report with others, but it was performed solely for my client. And although ABC Inspections performs all inspections and writes all reports objectively without regard to the client's personal interests, additional fresh inspections, which of course would reveal and report matters differently, should be considered."