It’s not the award…but the amount of damages claimed…that determines what level of court will hear the case…thus increasing the costs.
True. The law doesn’t limit the inspector’s legal defense costs.
Some RE that I have talked to are scared NOT to recommend a home inspector, or give a list of inspectors to their buyers. They know that they will have to discuss with the buyer to have the buyer sign a disclaimer that says the buyer is not hiring an inspector. Basically, most all homes are being sold “as is”, and not getting any inspection whatsoever. Talk about liability on the RE. It is what this bill in Kansas is all about. Moving liability to the home inspector. Kansas laws are specific, and no matter the circumstances, you can sue any body for any amount at any time. In lawsuits over $15,000, you automatically get a jury trial. The Kansas home inspection laws will keep courts and attorneys busy. I know the bill gives us 12 month time limit, but attorneys can always find another reason/way to reap your E&O insurance.
The other question is the seller’s disclousure. You need to get a copy at each inspection. You can get others involved if errors on the disclousure arrise, and if you get served. Your reports should include every paragraph that Dr. Keith Swift can come up with for disclaimer language. A realtor that recieved one of my newer reports recently asked “why all of the reading?”. She was surprised to learn about the new bill, of which she knew nothing about. My inspection explanations are much longer than the actual report, and are all included in the report itself. Thanks Dr. Swift.
Most of the RE companies around here are including the seller disclosures right on the MLS on the internet. It is really nice to be able to pull them up and see what the seller disclosed as far as past problems with the house.
Jeff -
THats nice for you, BUT how does one get onto the MLS unless they’re a Realtor. I’m an affiliate member AND I can’t get on???
Dan, I am not on the MLS system. I simply ask the RE office to email me the listing. It is the same listing that anyone can go to the RE website and search their listings. I don’t actually get “in” the MLS system, just the public listings. Sorry, should have made that more clear.