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02-07-2017, 03:24 PM #1
Home inspectors found liable for defects if exclusionary clauses not read by buyer -
From 2007, but still valid points for Ontario.
Home inspectors found liable for defects if exclusionary clauses not read by buyer - Nelligan O'Brien Payne LLP
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02-07-2017, 04:40 PM #2
Re: Home inspectors found liable for defects if exclusionary clauses not read by buye
Valid all over - and a very clear reason to have a line at each contract item for the client to initial ... which means that they read and understood each section they initialed - albeit they likely never bothered to read it, just initialed it because they needed to ... kind of like getting a mortgage sign here, initial here, sign here, initial here, here, and here, and sign the bottom (but many more places on a mortgage) ... nonetheless, though, the person signing and initialing has the opportunity to read what they are signing and initialing - and all the more reason for have the client review the contract BEFORE the inspection.
They can sign and fax a signed contract back to you, bring a signed copy to the inspection, or sign it at the inspection, but you have evidence that the client had time to do their due diligence and read the contract by the date you emailed them the contract (or however you get the contract to them), and that they then (at a later date, indicating time to review it) gave you the signed contract.
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