That’s why a good home inspector knows how to manage his Clients’ expectations and the expectations of his target audience that he markets to, whomever they are and wherever they may be.
Absolutely! You should see the 17-page waiver clause in the engineers’ reports here! My dentist had me sign a waiver when I had some work done on my wisdom teeth, which, at 53, I still have. (They seem to have lost all their wisdom, though). My attorneys have me sign a multi-page waiver each year when I renew their services. My auto mechanic has me sign a waiver when I turn the car keys over to him. My CPA had me sign a waiver last time I needed him to vouch for my business. My plumber, electrician, roofer, and chimney sweep have me sign waivers when they come to work on my property. In fact, as hard as I try, I cannot think of any professional who doesn’t have their Clients sign a waiver.
Sure tough guy.
Of course, California. Where most/all trends start, whether good or bad!!!
That’s too bad, Russell, that no one wants to accept responsibility!!! It’s the worst thing people can do…not responsible for the kids they didn’t raise well because they were too busy persuing the $$$ and lots of STUFF, not responsible for the bad government they did didn’t help unelect, not responsible for just about everything. Sad!! SAD!! SAD!!
Doesn’t bode well for the rest of the country in the future!!!
It’s a sue-happy world, not just in California. Unfortunately, it’s the Clients that are suing, causing the providers to have to go to great lengths to protect themselves, their businesses, and their families.
Brian…here in Ontario…my ex had to sign waiver before c-section, I had to sign waiver before mri and cat scan.
What was the content of the waivers? That you couldn’t sue them even for negligence?
Come On!! Things are getting STUPID!!!
I had an MRI a few years back…don’t remember signing a waiver.
What Makes A Good Home… 6/23/08 12:13 AM If you actually believe this, you are an idiot. Good luck staying in business.
Well, he who can only post without accepting responsibility…usually known as “Weak Man”
Have been inspecting full or part time for 24 years under present company name…no suits and very little money paid out to clients…under $1,000. Know your stuff, do a thorough and accurate inspection, control the customers expectations… and things should be alright
This type of clause is not allowed in Wisconsin.
Jeff
Nor in California, so we use “twice the cost of the inspection” or “thrice the cost of the inspection” or “the inspection fee plus $500” or some such. To the best of my knowledge, none of the new liability-limiting clauses have been tested in the courts on their own merit.
Well!! Well!! There’s a state that’s actually working for the good of the general population and not special interest groups.
Not necessarily. Only the clause limiting liability to the cost of the inspection is not allowed. One can limit one’s liability to “$1,000.” There’s just a slew of ways to limit one’s liability to something other than “the cost of the inspection.”
No limitation of liability clauses are allowed in Wisconsin.:roll:
There we have it. California apparently allows them as long as they are not limited “to the cost of the inspection.” Again, though, the ones that we all currently use have not been tested in court.
And that is not just in California…we go through all that here in Ohio…sometimes I think even more! Can’t go to the grocery store without signing a waiver.
RingRing,
This is 20/20 Home Inspections.
Is this a home inspector?
Yes, I am a home inspector.
My Realtor said I should call around and find a home inspector for my house.
Thats what I do every day.
How much do you charge?
It depends on the size of your home.
Oh, it has three bedrooms and 1 and a half baths, no two baths.
Do you know how many square feet it has.
Ah, no.
Does it have a crawl space or a concrete floor?
Ah, whats a crawl space?
How old is the home?
Ah, not too old…Honey, how old is the house? 20-30 years he thinks.
Does it have a basement? or a swimming pool? Is the garage detached? Are there any detached buildings that you want inspected?
Well, I’m not sure. Just give me an estimate…
$XXX.00
That much, the last guy said he would do it for $XX.00 and he didn’t EVEN have so many questions. Oh, and by the way, do you have insurance, and what are the limits?
What kind of credentials did the other guy have? I am a ____ and a ___ with this many years of experience.
I will call you back.
It is hard to know sometimes if the client is either incompetent, or if they are looking for a lawsuit. Here in California you must be alert to the warning signs. There are people who actively look for inspectors to sue. While this is a tiny minority, there are enough out there to force an inspector to be careful.
It is interesting to read the posts regarding the limits of liability. In California the law is very specific, the liability for an inspection cannot be limited to the cost of that inspection. The natural response by the inspector is to limit the liability to some multiple of the cost of the inspection. To my knowledge also, this has not been tested in a California court.
But it is interesting to review the connection between the insurance companies and the limitation of liability. Usually the insurance companies have very specific requirements for the clauses in the covered contracts. Detailed language regarding what is included and excluded. But why is there no requirement for a limitation of liability by the insurance companies?
Only a fool (in California) would knowingly place his family in jeopardy every day by performing a $400 inspection with an unlimited amount of liability. For $400 you could buy yourself a multi million dollar liability lawsuit which would wipe out the typical self employed inspector. (Please dont take this out of context. I cannot speak to the requirements for liablity in other States)
While an inspector should be liable for negligent work how much should he be liable? Should it be what any attorney can convince a jury, or should it be a reasonable amount? And who decides what is reasonable? Certainly not the attorneys.
Most inspectors view insurance as some kind of panacea that will protect you from a law suit. This is not the case. Be sure you read the fine print. Most insurance is not binding if there is not a signed contract between the client and the inspector. And that contract should be signed prior to performing the inspection. (Prior Consideration) Also, what about 3rd party users, does the insurance cover a 3rd party who uses your report when the original client drops out of the transaction?
And how many inspectors get a signed contract on every single inspection. I try hard but some slip through the cracks.
RingRing,
Hi good Realtor/Customer,
I need an inspection now. The client is overseas and must make a decision tonight. I really need this report ASAP.
OK, I can do it and have it for you tonight…
I guess I will have to do a really good inspection on this one.
In California, you have to do a really good inspection every single time. There is unavoidable liability in this business, all you can do is try to control the liability. Your best protection is to provide the best inspection possible every single time.
And don’t even get me talking about codes.
Brad Deal
20/20 Home Inspections
Chairman, Standards of Practice Committee, CALNachi
www.HomeInspect2020.com
Also…in my opinion…putting a liability limit on your contract isn’t worth a grain of salt and any good lawyer would tell you that …that it is just there as a deterant more then anything. If you screw up inspecting the roof and it caves in no liability limit is going to protect from paying the full cost of the damage you missed.
Jeff
I just read the proposed bill for the state of Kansas. No limiting liability clause allowed and must provide proof of one of the following that may include a $10,000 bond. (better wording on the bill)
But it seems to be a trend.
At least one! Me!
I also carry life and AD&D insurance which requires me in a dangerous profession, which they define home inspections as being, to have a signed contract that specifically states what I will and will not do, what I can and cannot do, and, when it comes to property damage and personal injury, what I will and will not do. I refuse to work without a signed contract, a benefit of being self-employed.
In seven years, I have never let one “slip through the cracks.” The communication system in America (fax, Internet, etc.) is too good to let one slip through the cracks.
The more articles, radio programs and TV shows that are produced about
negligent “home inspectors”… the more people are going to do their
own research, and bypass the realtor, to find a qualified home inspector.
We know these guys see a surging market for this type of information
and will create the “cry for justice” marketing material to sell.
In the end, it produces a higher level of concern among consumers who
now refuse the realtors preferred inspector and start looking for their
own choice. I like that.
As far as Mr Holmes having much impact on legislation across the
north America, I doubt it.
The more people start shouting that some home inspectors are no
good and some are better… ends up driving more people to me.
The vast majority of inspections are still set up via the realtors and
it is a good thing when people get off that merry go round.
Let the debate rage.