The Comparative Negligence Defense for Home Inspectors
Some home inspectors may never encounter an unhappy customer. We at InterNACHI® hope you never do. Eventually, though, many inspectors will. In those cases, in addition to accusing you of breach of contract and misrepresentation, your former client may assert that you were negligent. 
One way an inspector can minimize potential liability and lay the foundation for a successful comparative negligence defense is to give the client as much information as possible prior to the home purchase. Provide the client with a thorough report -- including digital photos -- that clearly identifies any defects or issues that should be investigated further before he or she purchases the property. When the client later claims that s/he would not have bought the property if the inspector had noted a particular defect or concern in his report, the inspector’s lawyer wants nothing more than to hand the report to the testifying client and point out where the inspector did note the defect or claim.
Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (InterNACHI®), posted at www.nachi.org/sop. If your jurisdiction has adopted mandatory standards that differ from InterNACHI’s SOP, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.
We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.
