In Action by Homebuyer Against Home Inspector, Discovery Rule Overcomes Contractual Limitations Period of 1 Year
Where the law dictates a statute of limitation, said statute can typically not be negotiated away. In this case, the state specified four years, and the agreement limited it to one.
A better way to protect oneself is to negotiate a much less inclusive Scope of Work. Where statute fails to mandate what is included in a Standard of Practice for a home inspection, writing a smaller Scope of Work, where items are conspicuously excluded and agreed to by the parties, is superior. In order to help make this more binding, the Client should sign the Agreement and be given 72 hours to change their mind prior to performing the inspection.
This is not legal advice; just my two cents…
September 24th, 2009 in
Inspector Liability
