Originally Posted By: dbowers
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During the legislative season of 2003, a legislator in Kansas that is a Trial Attorney (representative - Doug Patterson) introduced House Bill 2100. The purpose of the Bill was to make it illegal for Home Inspectors, etc. to use language in a Service Contract or Inspection Agreement that would limit their liability during a home inspection.
In the State of Kansas over the past 10 years there have been several legal precedents established in the State Appellate Court with Alarm Companies, Termite Companys and Home Inspectors that gave us the right to limit our liability or the time of our liability by use of a contract - read and signed by all parties before the service was performed.
Some judges honor them but other judges have ingnored them. It seems representative Patterson has been involved in instances where he or his client had tried to sue HI and gotten nowhere due to the Service Contract language. He now wants to get it rendered illegal. In 2003 it passed the House of Representatives by a slim margin, then died in the Senate.
Monday 1/26/04 we were told he had introduced it in the Senate again and it was scheduled for a 9:30 AM hearing on 1/27/04. After a bunch of guys dropped everything and rushed to the State Capitol (some drove 3 hours in a snowstorm), it was rescheduled (due to the legislature hearing a more pressing Bill - on giving illegal aliens drivers licenses) for 9:30 AM on Thursday 2/5/04.
Thought any Kansas HI's should be calling/writing/emailing their legislator.
Dan Bowers (Kansas City)