Originally Posted By: rfarruggia
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Frank, I am not an attorney, and surely an attorney will be better suited to answer this, but let me toss in my opinion.
The key points that should be present as listed in 13:40-15.15, these can be found on page 36 & 37 of this link
http://www.njconsumeraffairs.gov/pels/hilaws.pdf
One of the things that I have seen on other inspectors inspection agreements that could pose a problem is a failure to specifically mention point 7. I think that this is very important to include this required and often omitted statement. The other points are not only required, but are common sense.
As for the 4 year statute of liability, one of the changes to Section 16 of P.L. 1997 has been amended by P.L. 2005 chapter 201 as follows:
C.45:8-76.1 Action, commencement within four years.
10. An action for an error or omission in the performance of a home inspection contract with respect to a home inspector licensed pursuant to P.L. 1997, c.323 (C.45.8-61 et seq.), shall be commenced within four years of the date of inspection.
There was a brief discussion regarding this at the September meeting of the Advisory Committee, with no definite outcome.
I am curious if this provision is in alignment with existing tort law, and if it is not if can be enforced as a stand-alone. I guess that will be left to the courts.
As for how this needs to be reported on your inspection agreement, well, I dont think it does (but I do think you should). The new chapter 201 does not change 15.15. Any mention of limitations of liability are not specifically addressed in 15.15, and since point 7 (if included) directs the client to the relevant sections of the administrative code, the client can look up all the provisions if they wish to.
Then again, your insurer may have different requirements. I would consider asking them to interpret this new provision, and review your inspection agreement, and do whatever they suggest.