Being sued for pests!

[Christopher Currins]

Originally Posted by bhoagland

A really good attorney is necessary but not until you have exhausted every attempt to get him to comply with the arbitration clause in your agreement/contract.

Good luck

Problem, he didn't have one.

http://www.nachi.org/forum/f14/being...tml#post842469

[Dan Bowers, CMI]

Jae -

You like wording of "30" / Thats awful damn low. The NAHI SoP uses 60".
The NACHI SoP uses words like safely enter. The Kansas SoP use 5'. The ASHI SoP use words like safe to enter, etc.

Therefore since they're more clearly defined we use 60".

[David A. Andersen]

Whoa! It's back up for a minute. I know you're all flustered, but you do not need to take any action at this point.

To start with, the element of proof is on the client. They also have an obligation to conform with your agreement.

They need to provide complaint in writing.

They need to allow you to come back and look at the problem.

And they must use arbitration.

You do not need to inform them of this because you already have.

Collect all the information that you have about this particular inspection and go back through it and make additional notes to remind you of what you did 2 1/2 years from now.

Do not provide your client with any further information or response because they will use this against you somehow.

If you don't get papers from a lawyer, no action is necessary.

If the lawyer papers show up and you have not been allowed to proceed with your inspection agreement, get your lawyer to advise their lawyer that they are in default of the agreement and any further action will result in a countersuit for breach of contract.

If you do get a list of complaints, simply place in the response letter the industry standards and that information which was provided in the inspection report.

Advised them that their complaint does not fall within the scope or purview of a home inspection and if you can be of any further assistance feel free to call…

[Roy D. Cooke, Sr]

David Good post.... thanks.... Roy

[Joe Farsetta]

Daren,

Call me.

845-300-3440