Waiver Clause

A few weeks back, I posted somewhere (may have been on CANNACHI boards) about the “weasel clause” and that any real estate contract including the inspection agreement should be taken to the lawyer (most aren’t!!) before being signed. Here’s a lawyer opinion from a post by Roy Cooke:

*Vancouver lawyer Frank Eadie](http://www.eadieconsulting.ca/) has successfully sued a home inspector over errors in an inspection. He has more words of advice.

He says read your home inspection contract carefully before you sign it because many limit the home inspector’s liability to a return of his fees.

“So if his fee is $400, if you prove that he’s liable all you get is $400 which is totally inadequate if you are talking about a serious situation.”

His advice is not to hire a home inspector who insists on that clause being in the contract.

“Because what are you buying? You are not buying really very much,” Eadie said.

He believes the provincial government should outlaw that clause now that every inspector must carry $1 million worth of insurance.

There is another issue when you’re seeking compensation: often these cases are too small for lawyers to take on–even ones that have cost a home owner as much as $100,000.

But that could change. Starting July 1 new fast track court rules will make suing for amounts under $100,000 faster and cheaper.

“I’m going to be more inclined to take those cases under $100,000 once these new rules come into effect than I would have been before because I think I can handle them in a manner that is beneficial for the client,” Eadie said.


Here’s another: