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TOPIC: guaranty in agreement

Re: guaranty in agreement 15 years 6 months ago #13238

That is very true.
But it doesn't always work out that way... (for the best, that is).

I have a quicker solution.
Seeing I have a "Contract" before I say a word, I just drive by the local courthouse and file a breach of contract and "Theft of services" warrant and he can tell it to the Sheriff! It's handled just like a bad check case, but here "intent to defraud" is a proven element. They put people in jail here for writing a bad check if you don't have money in the bank when you write it.

Around here, a report is not needed for repairs to be made by the seller. They can negotiate anything contractually (regardless of where the information came from).

The report does not have to say anything in particular for the client to back out of the deal.
It says "contingent upon a "satisfactory" inspection report". The buyer decides what is satisfactory.

An "offer to purchase" is not a contract if there is a contingency in there. A contract can not be "open ended".  

This is one of those rocking boat situations I dislike when the client is not present at the inspection and I don't have an Inspection Contract back. I just try to keep my mouth shut.

When a client terminates an inspection, I get a release for the record. At this time I "consider" lowering the price as I have not preformed all of the tasks (ancellary services) I agreed to do. However,  I generaly hold to the basic inspection price. I still have to do a report so it will be documented for the state, and I still have to report on the components I didn't inspect because the State Law says you must state why you didn't do something if you don't inspect it (good idea even if you don't have a law). There is little time savings for cutting the inspection short in reality.

My thought on reducing price is so they will spend that money on the next attempt to purchase. I would rather discount the failed inspection than have them ask for a discount on the next inspection as a "volume customer". :-)

Sorry for the thread drift.

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Re: guaranty in agreement 15 years 6 months ago #13307

There's a few guys that I know that say the inspection is free if no defects are found. When did you ever find a defect free house?


Never...

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

Re: guaranty in agreement 15 years 6 months ago #13308

William, I cant remember everything, so I just remember one thing.  I made a check list of items I need for every inspection. 


Geez Adrian - why don't you just have the clients move in with you...!

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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: guaranty in agreement 15 years 6 months ago #13311

David, we don't have that back up here in bad checks, I had a bounce check and I never collected, took them to court, won and still never got a dime.
I do like the idea of signing a release if they terminite early , that is smart.
Provided they will sign it. Here in Ontario there are no laws as to HI. And the RE makes the contract airtight, so there on the hook so to speak, actually both ways seller and buyer. So for the buyer to terminate and then claim an unsatisfactory inspection he would have to prove what was unsatasfactory, without a report it is just hearsay. The seller knows that an inspector was schedualed to show up and inspect as they had to make available entry.

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Re: guaranty in agreement 15 years 6 months ago #13312

William, I cant remember everything, so I just remember one thing.  I made a check list of items I need for every inspection. 


Geez Adrian - why don't you just have the clients move in with you...!


If the moneys right!  lol

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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.
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Re: guaranty in agreement 15 years 6 months ago #13313

John, keep doing that, it goes miles in customer satisfaction, I too carry water and iced tea some pop as well, LOL if i dug through my winter safety box I'm sure I even have half a dozen MRE's, though most people do not like them.
I could have a buffet setup during the inspection  lmao

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Certified level I Thermographer (FLIR)
Certified Home Inspector #07040201
Certified Mold Inspector #7310 (ESA)
Certified Commercial Inspector
IAQ, Radon, Asbestos, lead
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