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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #1  
Old 4/5/07, 2:43 PM
Patrick J. Cloninger's Avatar
Patrick J. Cloninger Patrick J. Cloninger is offline
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Question Tennessee Inspection Agreement

David Anderson posted something on this a few months ago but I am just now learning of it. I hear that Tennessee requires a certain part of the inspection agreement to be initialed or signed but I am not sure what part. I use the NACHI inspeciton agreement. If anyone knows anything about this or any other useful info on the inspection agreemet, I would love to hear about it. Also I could not find what SOP's Tennessee uses NACHI's or ASHI's </IMG></IMG>



Patrick J. Cloninger



Serving Knoxville and surrounding counties
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  #2  
Old 4/5/07, 4:52 PM
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David A. Andersen David A. Andersen is offline
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Default Re: Tennessee Inspection Agreement

http://www.nachi.org/forum/f14/tennessee-home-inspectors-inspection-agreement-requirements-12056/

According to Tennessee case Law, arbitration agreements must be signed individually (signature on the bottom of a one-page NACHI inspection agreement doesn't qualify).

Be cautious about depending upon inspection agreements in the state of Tennessee because they will throw out anything they feel like it when you get to court. You may think that your contract covers you, but you're not!

I have a client also initial permission to discuss observations (paragraph 3).

Paragraph 6, concerning arbitration.

Paragraph 7, client agrees to pay legal costs.

Limitation of liability (photograph 4) is not enforceable in a state of Tennessee, but my lawyer said to leave in there. He keeps dishonest people honest.
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Old 4/5/07, 7:00 PM
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Patrick J. Cloninger Patrick J. Cloninger is offline
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Default Re: Tennessee Inspection Agreement

David, thanks for the help. I will defiantly start having them initial individual parts of the inspection agreement. Inspection agreements are almost useless, sometimes I wonder why I even bother.

Also do you know what SOP's Tennessee has adopted? Thanks.



Patrick J. Cloninger



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  #4  
Old 4/6/07, 2:47 PM
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dmoore3 dmoore3 is offline
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Default Re: Tennessee Inspection Agreement

I decided to have the customer initial every paragraph.

IMHO
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  #5  
Old 4/6/07, 3:05 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Tennessee Inspection Agreement

Quote:
Originally Posted by dmoore3
I decided to have the customer initial every paragraph.

IMHO
How many have customers suggested you jamming your contract where the sun don't shine?



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #6  
Old 4/6/07, 3:10 PM
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David A. Andersen David A. Andersen is offline
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Default Re: Tennessee Inspection Agreement

TN uses an old version of ASHI. 1997 or something like that.

TN did not mention ASHI specifically, they did address what SC was using.
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Old 4/6/07, 7:41 PM
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dmoore3 dmoore3 is offline
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Default Re: Tennessee Inspection Agreement

Quote:
Originally Posted by jburkeson1
How many have customers suggested you jamming your contract where the sun don't shine?

Actually, none. Everyone has appreciated the thoroughness of not only the inspection but of the Inspection Agreement as well.
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