TOPIC: Pre Inspection Agreement - Question

Wouldn't  the law of the State of Calif. Courts supersede any Pre Inspection Agreement?

We could write down alot  stuff to say we are not liable for nothing and get a customer

to sign it. But would that hold up in Court?

I think the Nachi Standard of Practice is sufficient.

David

If you don't have them sign a contract where they are notified that you're following the SOP, it'll be useless (or close to it) in court.

There are just a few lines in CA law about inspectors.

There was a case recently in IL where an inspector was able to say his liability was limited to the cost of the inspection, client signed it and judge sided with the inspector. That hasn't worked anywhere else.

Remember, California is the state that allows your report to be shared with anyone and even subsequent owners of the house can sue you within 4 years (I think that's the right amount of time) based on your report. Even though they weren't your client!

If you don't have them sign a contract where they are notified that you're following the SOP, it'll be useless (or close to it) in court.

There are just a few lines in CA law about inspectors.

There was a case recently in IL where an inspector was able to say his liability was limited to the cost of the inspection, client signed it and judge sided with the inspector. That hasn't worked anywhere else.

Remember, California is the state that allows your report to be shared with anyone and even subsequent owners of the house can sue you within 4 years (I think that's the right amount of time) based on your report. Even though they weren't your client!

Thanks....

There was a case recently in IL where an inspector was able to say his liability was limited to the cost of the inspection, client signed it and judge sided with the inspector. That hasn't worked anywhere else.

This same limited liability clause has been upheld in Washington courts as well.  Lucky for the inspector because he missed a BIGGIE.

David,  you have email.

Steve

I didn't hear about that case Stephen. Can you post some more information here?