Originally Posted by
Ed Moore
Several of the standard contracts that I'm looking at have a provision for the client to pay an additional fee to have the limit of liability (refund of fee paid) removed from the contract. How many of you have this in your contract and what would be a reasonable/customary fee to charge to remove this limitation? Should I just re-write my own contract leaving this option out or is this something that I should address with my E&O carrier?
Ed, the Limitation of Liability will not work in Mississippi. It has been beating down several times in court. If you have E&O it is really a non-issue, but with that said it does not hurt to have it in your contract. It is a bluffing tactic that might or might not work.
Have an attorney write your contract. Give them what you want in it and then let the write it. Home inspectors are generally some of the worst writers on this planet and unless you have been schooled in contract law, I would stay away from writing my own contract.
As you are in Hernando,MS., I assume that you will be getting a TN license as well. TN and MS have reciprocity and have just about the same requirements. You will also need a contract for TN. TN requires a contract, MS does not.
Just some advice...