"Hold-harmless clause (Inspector/Realtor)"

"Hold-harmless clause (Inspector/Realtor)"

        John M. Acaron, CHI, CMI

                  (850-814-3889)

To be a Professional Home Inspector you must be well-trained, and training should be an ongoing process. Education, experience and expertise are the key elements to determine if a Professional Home Inspector can perform an accurate and un-bias home inspection.  Additionally, the job requires integrity, honesty, and determination and adherent to the standard of practice and ethical codes dictated by his or her professional trade association.

Home inspectors are only one of many professional individuals involved in a real estate transaction. A real estate transaction involves a series of professional individuals with a unique specialty to close a real estate transaction deal. Such as: Home Inspector, Appraisal, Surveyor, Termite Inspector, Lending Officers, Title Closing Officer and of course the Professional Realtor. However, when something goes wrong in the real estate transaction all parties involved may be liable. For that specific reason all parties involved should protect themselves and their colleagues and affiliates in the transaction with Hold-Harmless Clause (in documentation) when engaging in a real estate transaction.

As a normal practice, a Professional Home Inspector can have a client agreeing not to hold a real estate agent responsible for anything related to the home inspection using a Hold-Harmless Clause.  Many Professional Realtors are worried about negligent referral claims. If a professional real estate agent refers a home inspector to his client, make sure that the professional home inspector has the Hold-Harmless Clause protecting your interest. Furthermore, it goes both ways, the Professional Realtor must also include a Hold-Harmless Clause  protecting the Professional Home Inspector as well. Bottom line:  In order to ease the worries you must make sure that the home inspector have a Hold-Harmless Clause in his home inspection contract agreement as well as you (Realtor). 

Here is a sample ("Hold-Harmless Clause") for your information:

CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability, or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.

And Remember: A Professional Realtor should not be directing his client to a specific Professional Home Inspector, Real Estate appraisal firm, Surveyor, Termite Inspector, Mortgage company or Title company.  Let the client make his own selection (choices). Providing data & information for the client's decision making process is the right thing to do.  For more information related to this topic and other pertinent information visit:   www.HOMEINSPECTORUSA.biz     or     www.PanamaCityHomeInspector.com