Time limits for liability

[MMustola]

Michigan has a new bill to license inspectors. In the bill they want to make inspectors liable for errors for three years.

For those of you who are licensed, what does your state law say about the length of time to are liable?

[Les]

Mark,

I have read this latest offering and still am a little confused by it. I think a careful reading would indicate a couple of "loop-holes".

Of course maybe 75% of inspectors in this state don't even know the bill was introduced.

[Inspectorjoe]

In Pennsylvania, home inspection is regulated, but there is no licensing. Since the regulations went into effect about seven years ago, the statute of limitations has been one year, but it was not tested in court until a few months ago. Until then, no one knew whether it would hold up or be thrown out.

I know the inspector who was the 'guinea pig'. I thanked him profusely for ending seven years of uncertainty.

[hausdok]

Hi Les,

We can fix that; write an article about it and we'll get it up on TIJ's front page. Need the links too!

ONE TEAM - ONE FIGHT!!!

Mike

[MMustola]

Les,

I'm planning on attending the meeting in Jackson tomorrow. I was hoping to get a quick pole of inspectors in other states to see what their liability is. If three years is a long time compared to other state laws than I would like MichAHI to lobby for a shorter duration.

In 2006 the Michigan Court of Appeals upheld an inspection agreement that had a 6 month limit of liability. I have attached a letter from my attorney. I think things like this could be used to convince out legislators to be reasonable.

For anyone whose interested:

Download Attachment: Attorney letter.pdf

337.91 KB

http://www.legislature.mi.gov/documents ... B-4162.pdf

[patt]

California Business And Professions Code

7199. The time for commencement of a legal action for breach of

duty arising from a home inspection report shall not exceed four

years from the date of the inspection.

[John Ghent]

Connecticut - 3 years liability, 6 years contract.

[Scottpat]

In Mississippi they have 3 years after the date of the inspection. Here in Tennessee we do not have a limit at this time! We are attempting to get a bill introduced for a 1 year limit after the inspection.

[Les]

Hey Mike,

Mark is doing a fine job here at TIJ.

The reason for my kibitzing is - the typical anxious group of inspectors attempting to influence regulation, while only listening to their own voice. I stopped using my voice a couple of years ago and will abide with whatever silliness my gov't and peers come up with.

Last I checked ASHI, interNACHI, NAHI had several hundred members in Michigan and have not seen anything from any of them regarding regulation. Maybe they lost my email or phone number.

I get to find out what is going on from TIJ just like all other non MichAHI members. I guess I'm just fortunate to live in the state Capital and can chit chat with politicians.

[AHI in AR]

Arkansas has a one year limitation as follows:

-52-320. Limitations.

(a) Any cause of action to recover damages suffered by a consumer as a

result of any act or omission of a home inspector relating to a home

inspection report must be commenced within one (1) year from the date the

report is completed.

Honestly, I think it's absurd to even consider multi-year periods. A house isn't some static entity; it's dynamic. What works/doesn't leak/isn't rotten/isn't cracked/keeps water out or whatever today as it should may well not do the same tomorrow. Combine the normal changes in weather, occupancy/usage, and aging, and it seems clear to me that the home will not be the same a month after an inspection, much less 3 years later.

If we assume the above is true, then tell me (as a practical matter) just how you go about proving what conditions existed years earlier in an attempt to prove that an inspector blew it?

[msteger]

In Pennsylvania, home inspection is regulated, but there is no licensing. Since the regulations went into effect about seven years ago, the statute of limitations has been one year, but it was not tested in court until a few months ago. Until then, no one knew whether it would hold up or be thrown out.

I know the inspector who was the 'guinea pig'. I thanked him profusely for ending seven years of uncertainty.

The current licensing bill that is in committee for consideration in PA also calls for 1 year statute of limitations.