InterNACHI South Africa

Inspection Contracts

InterNACHI South Africa’s standard home inspection agreement is a form many members use as the basis for their own contracts with clients.
Inspectors can also use InterNACHI’s Online Inspection Agreement System . Inspectors can edit this online agreement to read as they wish, and clients can sign this agreement online
The following Agreements is for MEMBERS’ USE ONLY:
The updated form contains a number of important additions, but still consists of only a single page.  Prospective clients may become wary if an inspector asks them to sign a lengthy legal document.
There are important issues home inspectors should consider in drafting their contracts.  These include:
    1. defining the scope of the inspection;
    2. the fee for the inspection;
    3. when payment is due;
    4. a disclaimer of warranties;
    5. a limitation on liability and a liquidated damages provision;
    6. provision for payment of costs and attorney’s fees;
    7. whether to require arbitration in the event of a dispute;
    8. a “merger clause” stating that there are no promises other than those set forth in the agreement, and that all prior discussions are merged into the agreement;
    9. a clause stating that any modification of the agreement must be in writing;
    10. a forum selection clause so that any lawsuit must be filed in the county or district where the inspector has its principal place of business; and
    11. a personal guaranty of payment if the client is a corporation or similar entity.
Laws may vary from province to province, but this contract provides a good starting point in any jurisdiction.
Inspectors should review their advertising and marketing materials with a critical eye to make sure they do not contain unfounded statements or claims that could provide the basis for a lawsuit by an unhappy client.

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