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TOPIC: Update - Chinese Drywall - The Lawyers Have Landed

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20850

It could be!  But having said that, why don't we put lead and radon disclosures in our contract too? 

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HLC Home Inspections LLC
www.OklahomaHomeInspector.biz
We are a licensed inspector for the state of Oklahoma.?  Our focus is Oklahoma City, Moore, Mustang, Yukon, Tuttle, and many other areas surrounding OKC.
HLC-Home-Inspections-Oklahoma-City

HLC Home Inspections LLC...

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20880

It could be!  But having said that, why don't we put lead and radon disclosures in our contract too? 


I do...

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Jay Markanich Real Estate Inspections, LLC
Based in Bristow, serving all of Northern Virginia
www.jaymarinspect.com
Northern Virginia Home Inspector
Festina Lente - Make Haste Slowly

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20890

There ya go John.

Here's the difference. Disclaimers in your report itself will not hold up well in court as they are not seen by the client until AFTER you've done your job. That's why things like this need to be in your contract and signed before you start the job.

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Dominic Maricic
Home Inspector Pro Home Inspection Software - CEO

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20894

I just checked with my son (lawyer for Microsoft) and he likes that Chinese Drywall disclaimer above and so I have added it to my agreement's verbiage.  I will print the new versions this weekend... and use them immediately.

he worked up a great agreement for me.  you can check with him - he would be cheaper than a lawyer in your town.  once you have it you can modify it to fit special contingencies for your location.

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Jay Markanich Real Estate Inspections, LLC
Based in Bristow, serving all of Northern Virginia
www.jaymarinspect.com
Northern Virginia Home Inspector
Festina Lente - Make Haste Slowly
Last Edit: by Jay Markanich.

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20897

There ya go John.

Here's the difference. Disclaimers in your report itself will not hold up well in court as they are not seen by the client until AFTER you've done your job. That's why things like this need to be in your contract and signed before you start the job.


I'm not saying that its not good to put in there.  I'm saying that eventually your going to have so much in there that your contract is going to be 10 pages long.  Okay maybe not quite that long. ;)

I agree that it would be better to put it in the contract up front but what I was saying before is your report is also a legal document.  It should hold up just as well as the contract.  If not, then there are many things we inspectors should put in the contract up front.

Where do you draw the line?  <~~~~~~  That is the underlining question!

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HLC Home Inspections LLC
www.OklahomaHomeInspector.biz
We are a licensed inspector for the state of Oklahoma.?  Our focus is Oklahoma City, Moore, Mustang, Yukon, Tuttle, and many other areas surrounding OKC.
HLC-Home-Inspections-Oklahoma-City

HLC Home Inspections LLC...

Re: Update - Chinese Drywall - The Lawyers Have Landed 11 years 3 weeks ago #20911

John, that is a very good point. I think at this point guys keep things in their contract are likely to be litigious issues. The Chinese Drywall issue is becoming a hot potato and could get worse.

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Dominic Maricic
Home Inspector Pro Home Inspection Software - CEO
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