Legal Question in Consumer Law in Texas

My wife hired a home inspector to inspect our home for obvious structural defects; we needed the damages in writing. At the end of the inspection the inspector had my wife sign a Consulting Agreement. In the agreement it states� Any written report summarizing our findings and opinions will be provided to the client and will be copyrighted by me and is and will remain my property. It states� this agreement is a personal agreement between you (my wife) and the inspector. No person other than you (my wife) has a right to rely on the contents of this agreement or on any report for any reason whatsoever. It also states the agreement is a binding legal agreement. My wife is listed as the sole client; my name is never mention.

After receiving the report it was apparent we didn�t get what we paid for. None of the possible defects or obvious structural defects was mention or included in his inspection report. My wife sent the inspector via certified mail, a questionnaire asking him about defects which wasn�t included or mention in his inspection report; she also sent along pictures to refresh his memory, she asked for a refund if he choose not to respond to the questionnaire. The inspector didn�t respond or give a refund

I filed a complaint with the BBB. In the inspector�s response to the BBB each paragraph starts with �Mr. Jackson states� and the inspector response is suggesting my complaint to the BBB wasn�t truthful; he also states the questionnaire my wife sent to him was threatening. I am sending a copy of the questionnaire along with the pictures that my wife sent to the inspector to the BBB to prove the questionnaire wasn�t threatening as suggested by the inspector. I would also like to send a copy of the inspector inspection report to the BBB to prove I didn�t file a bogus complaint as suggested by the inspector.

My question is� Does the Consulting Agreement my wife signed and is listed as the sole client, pertains to me? Do to the fact that the inspector is accusing me of filing a bogus complaint and the inspector inspection report is proof that my complaint is not bogus; can I send a copy of his report to the BBB to prove my complaint against him is not bogus? Please advise, THANK YOU.


Asked on 8/25/09, 12:39 am

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, generally, certain individuals will attempt to put terms into an agreement which limit the individuals exposure if someone finds fault with the individuals comments/report. The agreement and supporting report may be submitted by you, your wife, or your dog to any other entity or person should you desire to do so; but remember that the individual or entity which drafted the report may have the ability to file a suit agianst you, your wife, or your dog for breach of contract. If my law firm can asisst you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.

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Answered on 8/25/09, 9:27 am


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