e070329 Two Contracts

Identifier: e070329

Date: 03/29/2007

Question

Can an inspector have two different inspection contracts? One prices the inspection lower if the consumer waives the right to sue in the future if any problems are discovered. The second, for a higher fee, does not require the consumer to waive the right to sue.

Response

Offering more than one contract, or providing options in a contract, does not violate the Code of Ethics. The Code of Ethics does not address contractual obligations, other than the general provision to act in good faith toward each client. Offering different contracts with differing rights does not violate the provision to act in good faith, unless the contracts are deceptive or misleading. The inspector is advised, however, to discuss the legal ramifications of any proposed contract(s) with an attorney who is familiar with applicable laws

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