kurt Posted December 10, 2010 Report Posted December 10, 2010 Recent judgment re: inspectors contract with limitations of liability (and other things) upheld..... Contracts 5th Dist. http://www.state.il.us/court/opinions/A ... 100066.pdf 5thDistrict/December/5100066.pdf , No. 5-10-0066 (December 1, 2010) St. Clair Co. (WELCH) Affirmed. Plaintiff homeowners filed breach-of-contract claim against home inspector, who inspected home which they later purchased from construction company. That home inspector presented a two page pre-printed contract to sign is insufficient to hold unconscionable the contract or its terms, including liquidated-damages provision. Home inspector's limitation-of-liability clause is not invalid and not against Illinois public policy. Contractual provision of two-year limitation, from date of inspection, to pursue action is not unreasonable, and is valid and enforceable. Trial court properly dismissed with prejudice Plaintiffs' claims against home inspector.
Marc Posted December 10, 2010 Report Posted December 10, 2010 Makes me wonder if I should begin requiring that all new construction pass a local code inspection before I contract on a home inspection. Marc
Mark P Posted December 10, 2010 Report Posted December 10, 2010 Interesting - this is one of my local competitors. I remember another thread on this same case a few years ago and I drove by the house and took / posted some pictures of it. I always see the 2 years clause in PIA and wondered where that number came from. I made mine 1 year - I figured 1 year is long enough to find a problem that I did not find in 2 hours.
kurt Posted December 10, 2010 Author Report Posted December 10, 2010 Mark, what's your personal take on the inspector? Email me
Mike Lamb Posted December 10, 2010 Report Posted December 10, 2010 The inspection fee was $175. That says plenty.
Mark P Posted December 10, 2010 Report Posted December 10, 2010 Mark, what's your personal take on the inspector? Email me I can honestly say I have never met the man. You have mail Kurt.
kurt Posted December 10, 2010 Author Report Posted December 10, 2010 The inspection fee was $175. That says plenty. That's where I was going, but we can't hold a referendum on the guy in here. Anyone wants to talk about it, email me. This is a big deal for Illinois inspectors and their contracts. There's a lot to consider.
Terence McCann Posted December 10, 2010 Report Posted December 10, 2010 - I figured 1 year is long enough to find a problem that I did not find in 2 hours. Amen. Whoever said cradle to grave?
Ben H Posted December 10, 2010 Report Posted December 10, 2010 The inspection fee was $175. That says plenty. Yup.
mthomas1 Posted December 10, 2010 Report Posted December 10, 2010 All I can say is WOW. This is great news.
mthomas1 Posted December 10, 2010 Report Posted December 10, 2010 All I can say is WOW. This is great news.
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