Posted by TomC_MI on December 26, 2004 at 11:52:07:
I suppose it’s all relative to how good of an attorney one has. If the inspector had a good contract though, and followed the laws governing HI’s, if applicable, then chances are he was smart enough to cover his rear. You have to realize, home inspectors are generalists and many are not properly trained and therefore may fail to uncover all necessary items.
Is a home inspector liable to a buyer for failure to discover and warn the buyer of major defects in a property that they inspected for the buyer before the buyer bought the property?
Can the home inspector escape libility (if he would be liable) by having the buyer sign a pre-inspection agreement in which buyer agrees not to hold the home inspector liable for any undiscovered defects?
Would such “waiver/general release/disclaimer” clause in the pre-inspection agreement be valid, and enforceble?
Re: Liability of Home Inspector - Posted by Randy (SD)
Posted by Randy (SD) on December 23, 2004 at 12:06:34:
It has been a looooong time since I ordered a home inspection, but I recall the inspection report contained a disclaimer in BIG BOLD print that clearly stated the inspector was not liable for errors and omissions. Consider it similar to an appraisal or a damage repair estimate on your vehicle both contain similar conditions.