contract

[2tired]

[This message has been edited by 2tired (edited April 25, 2000).]

[This message has been edited by 2tired (edited April 26, 2000).]

[This message has been edited by 2tired (edited April 26, 2000).]

[This message has been edited by 2tired (edited June 06, 2000).]

 

[Arlene]

It seems that under the laws of agency, you will be able to enforce the contract with the inspector because your friend was designated as your agent to represent you in the transaction. Was the inspector informed of this at the time? If so, he would be hard pressed to deny the validity of the contract, since he accepted payment and performed the work. I am unaware that a power of attorney is required in this situation, although it would have been one way to document your friend's agency. Check with a local (Texas) real estate attorney to be sure.

 

[Tracey]

You have a contract with the inspector. Your friend was both your actual agent (you gave him power to act on your behalf) and your apparent agent (only an idiot would think that the person who showed up and paid for the inspection of a house they weren't buying was NOT an agent for the purchasor).

However, what's your beef with the inspector? He told you he couldn't warrant the roof, and why, and recommended action for you to take. YOUR AGENT is the one who screwed up. He breached his fiduciary duty to adequately protect your interests by not having the engineer inspect the roof. The only person you can sue is your friend.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 25, 2000).]