Originally Posted By: jferry This post was automatically imported from our archived forum.
NACHI is pleased to announce a new NACHI service, “Ask NACHI’s Attorney Joe Ferry.”
I am a graduate of the University of Notre Dame and Temple University School of Law. Prior to becoming NACHI's General Counsel I was a Philadelphia trial attorney for 15 years specializing in professional liability, insurance and other tort claims.
If you have a legal question with regards to the home inspection business, insurance, corporations, law suits, client complaints, or whatever, post it here and I will help you. I have compiled a blue ribbon panel of experts to assist us with this new service.
Originally Posted By: jferry This post was automatically imported from our archived forum.
Limitation of Liability Clauses
A limitation of liability clause does not release the home inspector from any liability to his client, but instead apportions the potential liability between the parties. Not surprisingly, such clauses are strongly disfavored by the courts because they are generally presented to the client as take-it-or-leave-it contracts of adhesion.
Nevertheless, some courts may uphold limitation of liability clauses where the parties are of equal sophistication and the limitation of liability clause is actually bargained for between the parties.
When contemplating whether to include a limitation of liability clause in your home inspection contract, you should give some thought to the effect it may have on your client?s perception of your professionalism.
Would you engage the services of an architect who had such a clause in his engagement contract? A babysitter?
Moreover, if you are a professionally competent home inspector, monetary damages are likely to be easily eclipsed by attorneys? fees.
So, my feeling is that the benefit to be derived from such a clause in a home inspection contract may not be worth the hit to your professionalism and integrity, especially when it does not insulate you from the costs of defending the suit and when the liability exposure can be handled by errors and omissions insurance which more and more jurisdictions are requiring.
NOTE: The information in this post and all other commentary provided by me in this forum is intended for general information purposes only and does not constitute, nor is it intended to constitute, legal advice.
For legal advice, you should always consult with the appropriate legal counsel in order to determine the laws that are applicable to your specific circumstances.
Originally Posted By: cmccann This post was automatically imported from our archived forum.
Joe Ferry,
This website http://www.abitcoinc.com appears to claim that they are the only state approved HI school and make the comment about license throughout the site. This school is not approved by NY to license anybody, nor are they approved by the state of NY as a home inspection license school according to the new laws. Yet they claim often to be something they are not. Can we as an association police this type of marketing by members?
I know this is all jumbled up, but there is a lot of information on other threads about this. Thanks,
GRADUATE FROM A LICENSED HOME INSPECTOR TRAINING SCHOOL!
The complete Home Inspector Training course includes 12 1/2 days, a full 100 hours of classroom training in compliance with New York State License requirements.
Further down in the list is this....
After completing our course you may be eligible to apply for licensing in New York Our training will prove to be invaluable in most other states as well.
Originally Posted By: cmccann This post was automatically imported from our archived forum.
I never said false, I said misleading.
Robert O'conner wrote,
Is ABITC only licensed as a trade school through the NYS Dept of Education (as all private trade schools are licensed)?
Is it approved by the New York State Dept of State (NYSDOS) for the required 140 hours of training to obtain a NY HI license starting 12/31/05?
My understanding is the NYSDOS has NOT approved ANY schools for the license training. In fact I am not aware that the NYSDOS has even published the final guidelines for approval of HI training.
I was seeking legal advice from Joe Ferry, Not Nick the crap house attorney.  Isn't this fun?
Originally Posted By: jhagarty This post was automatically imported from our archived forum.
jhagarty wrote:
http://www.abitcoinc.com/news.htm
?As of March 9, 2005 ABITCO was provided with the only Home Inspector Training License to teach potential Home Inspectors in the state of New York by way of a 100 hour classroom instruction program.?
They claim to be the Only Licensed School presently in New York.
