Originally Posted by
Randy Aldering
HB 6088 has been stalled by a real-estate agent / trial lawyer amendment that would place liability for everything on the home inspector, including the Iraq War, high gasoline prices, etc. Here's the wording of the trial lawyers / real estate agent amendment:
"A home inspector and his or her firm are strictly liable for any and all damages of any type sustained by their client as a result of a violation of this article or any act or omission committed by a home inspector while performing activities pursuant to a license under this article. The damages are not subject to any limitations set forth in a contract for home inspections services or elsewhere".
Home inspectors that work in Michigan need to voice opposition to this amendment to the Michigan House of Representatives. If a Michigan resident, contact your representative by telephone, fax, and e-mail.
That is pretty standard language in most of the home inspector laws. It is basically saying that if you Screw Up you are responsible for your actions.
Truth be known is that you can not deny professional negligence no matter what you have in a contract, no matter if you are in a licensed state or not. If it goes to court and the judge/jury finds that you did in fact screw-up then you will be held responsible. The days of putting a $$ limitation on your claims are gone. Case law in many, many states have said that capping your liability in a contract can not be upheld. Better get that E&O coverage!!
This legislation is just spelling it out.