TOPIC: Pre Inspection Agreement - Question

I will try to find it again.  It had to do with an inspector that missed massive dry rot and other issues in an older home.  Repair costs were something like $60k.   The judge ruled he had to pay the inspection fee amount back due to that clause in his contract.  It may take a while to find but that particular case was the basis for licensing in our State.

Updated.  In a recent decision (2002) , Puget Sound Financial, LLC v. Unisearch,1 the Washington State Supreme Court unanimously upheld the validity of a liability-limitation clause printed in a regular invoice for commercial services. The decision extended the applicability of the trade usage and course-of-dealing doctrines to commercial services transactions.

The two cases I was able to find were both well into the hundreds of thousands of dollars.  Handled by the same attorney and his comment was, ""They're supposed to be the expert out there that's going to find those things," he said. "Unfortunately, most of the home inspectors have clauses in their contracts that limit their liability to only the cost of the inspection.  "Essentially, even if they miss tens of thousands of dollars in defects that they should have caught, you may only be able to collect the cost of their report."

David,  you have email.

Steve

thanks Steve...I got it. Its very thorough. Im going to remix it
a little and make a version for myself.

David
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Wow, that is a bit surprising.

Hi,

FYI: The Illinois ruling - the Illinois Appellate court upheld a lower court ruling
regarding these provisions of the HI contract:

Limitation-of-liability to cost of inspection
Two-year limitation of liability: (specifically supersedes the statute of limitations)

The full ruling is at:
www.state.il.us/court/opinion...er/5100066.pdf

Hi Ken,

Do you have another link? That one doesn't work.

Sorry about that.  Here you go.
www.state.il.us/court/opinions/Appellate...December/5100066.pdf