Home Inspections Gone Wrong
http://www.askthebuilder.com/583_Home_Inspections_Gone_Wrong.shtml
While it is true that most, if not all, inspectors attempt to limit their liability with such a clause, the author takes the view of someone with 20-20 hindsight. If this s all that was needed for an inspector to walk away, then there would be no call for Errors and Omissions insurance. As to follow-on conditions after a settlement the author has failed to recognize and accept is that in all settlements, these clauses and conditions are almost universal. N further damages after the settlement. This is why it is called a settlement, as the matters are settled.
As to the nonsense regarding E&O policies, he is plainly unaware that one of the initial moves of many carriers is to attempt a settlement, often at the expense of the inspector’s deductible. It is far cheaper to settle than to litigate. Finally, not all inspectors carry E&O, which is somewhat understandable due to its high price. there are many competent inspectors who refuse to carry such a policy. It does not mean that they are un-professional.
As to attorneys, these lawsuits are like low-hanging fruit. Inspectors who carry E&O are typically mandated to tender the complaint immediately to their carrier. At that point, the matter is out of the inspector’s hands. Invariably, the attorney will look for something from the carrier to make things go away. Easy money. At the very least, the client will get their inspection fee back.
The author claims that experts can determine the age of the defect. This is but a small piece of the puzzle. The real question goes to whether the inspector could have or would have seen the damage or defect, while following the standard of practice. Many times, the areas in question were either covered, hidden, patched, concealed, or inaccessible.
There is much more than meets the eye here. My advice to the damaged homeowner is to try and remember the conditions which existed in the dwelling on the day of the inspection. Listen to no monday morning quarterbacks.
