Home inspection litigation and proper notice
Most inspectors include a requirement to immediately notify them (the inspection company) when a defect is discovered that the inspector has failed to find. Depending on any number of factors, including whether the client had a clue what they agreed to in the contract, this provision may or may not be upheld. the problem for the Client often occurrs after they went ahead and had the defect repaired, but prior to notification to the inspector.
Arbitration clauses are useful, providing that said clause is not opressive or unconscionable. If the cost of arbitration out-strips the cost of the inspection (with a limit of liability clause) or the value of the repair, it may be thrown out. The other danger of arbitration is that you may not get a neutral that specialized in Inspection-related disputes.
IAS specialized in fixed-cost arbitration and mediation affordable to everyone. The service is subscription-based, and specializes in inspection arbitration exclusively.
