Liability trap
m
mblick
The online scheduler is an incredibly valuable tool for us. Our realtors let us know regularly how much they appreciate it. We have had an ongoing issue with the scheduler that I have explained in the past. I'm hoping that I can eventually prevail in my request for a minor modification to the online ordering form.
The scheduler requests client info for the seller or the buyer depending on how the person ordering identifies themselves. This creates the potential for significant error. There are a few scenarios in which we may be receiving incorrect information about the intended client. If the listing agent orders the inspection for an unrepresented buyer - he or she will end up entering the seller's information when following the cues in the form. If a homeowner goes online to schedule an inspection for a prospective buyer in a private sale, they may end up entering the seller's information because that's what the scheduler asks for. In our market, the seller's agents are regularly requested to go ahead and place the inspection order for a homebuyer's inspection to accommodate the homeowner's scheduling needs. Once again, listing agent is asked to provide seller's information. There may be other scenarios, but the point is that by changing the ask and requesting the contact information for the "Client" or maybe the "HomeTeam Client" instead of having it switch depending on the identifier and ask for buyer or seller, quite a few potential issues could be avoided.
We have had several orders over the last few years that have been scheduled , signed and inspected before we found out that our Inspection Agreement had been excecuted by the wrong party. Our legal counsel has been quite clear with us that on any occasion that we perform a home inspection w/o a signed inspection agreement, we may have limitless liability exposure. Our insurer informs us that we may not have any representation if we are faced with a major claim in a transaction in which we have failed to secure a signed inspection agreement prior to starting. I think this minor adjustment to our order form could prevent a potentially serious liability exposure for our franchisee's down the road.