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  1. #1
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Houston Inspector lawsuit ... OVER !!

    At long last the Houston, TX lawsuit with a "seller" suing a home inspector is finally over.

    It was termed a "take nothing judgment" ... meaning that there were no awards and that each party walked away. Albeit both sides still had their respective legal fells to pay/absorb.

    You can imagine the pucker factor had this been found in favor of the seller and what the ultimate implication would have been for all of us inspectors. E&O would have gone to the moon unless they just canceled period. Thank goodness we don't have to go there for now anyway.

    I was just reminded this Sunday AM that the motion is still awaiting the final signature from the judge.





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  2. #2
    Join Date
    Jul 2008
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    Snowbird (this means I'm retired and migrate between locations), FL/MI
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    4,086

    Default Re: Houston Inspector lawsuit ... OVER !!

    Seller was lawyer suiting Home Inspector for reporting obvious defects and areas of concern. Suit was groundless, baseless.

    Sad the HI (and insurer) stuck with defense costs, but at least the ordeal is over.

    I updated with a cross link on original thread. Thanks for posting the news N.K.

    (original thread): http://www.inspectionnews.net/home_i...tml#post140726


  3. #3
    Join Date
    Mar 2007
    Location
    Georgetown, KY
    Posts
    537

    Default Re: Houston Inspector lawsuit ... OVER !!

    So, according to the linked PDF, they SETTLED OUT OF COURT. Wonder what they settled on.


    -

    Erby Crofutt, Georgetown, KY - Read my Blog here: Erby the Central Kentucky Home Inspector B4 U Close Home Inspections www.b4uclose.com www.kentuckyradon.com
    Find on Facebook at: https://www.facebook.com/B4UCloseInspections

  4. #4
    Russel Ray's Avatar
    Russel Ray Guest

    Default Re: Houston Inspector lawsuit ... OVER !!

    Quote Originally Posted by Erby Crofutt View Post
    So, according to the linked PDF, they SETTLED OUT OF COURT. Wonder what they settled on.
    That doesn't sound like you, Erby.

    Did you not read the PDF, all three pages?


  5. #5
    Join Date
    Mar 2007
    Location
    South-West Michigan
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    469

    Post Re: Houston Inspector lawsuit ... OVER !!

    The document indicates they settled on an unspecified compromise. Not sure why the inspection firm agreed to adsorb the cost of litigation, though it apparently may not have been their decision. The inspection firm may see increased premiums, I would think. If the seller's suit was indeed baseless, they should be paying through the nose for the trouble they caused. Of course, that is just my opinion.

    Randall Aldering GHI BAOM MSM
    Housesmithe Inspection
    www.housesmithe.com

  6. #6
    Ed Wood's Avatar
    Ed Wood Guest

    Default Re: Houston Inspector lawsuit ... OVER !!

    Quote Originally Posted by Randy Aldering View Post
    The document indicates they settled on an unspecified compromise. Not sure why the inspection firm agreed to adsorb the cost of litigation, though it apparently may not have been their decision. The inspection firm may see increased premiums, I would think. If the seller's suit was indeed baseless, they should be paying through the nose for the trouble they caused. Of course, that is just my opinion.
    Randy: Insurance companies usually opt for the least qualified, and therefore least expensive, attorneys to defend these cases. If all they experience is a premium increase passed along to the client, what do they care?


  7. #7
    Join Date
    Mar 2007
    Location
    Georgetown, KY
    Posts
    537

    Default Re: Houston Inspector lawsuit ... OVER !!

    Yes, Russel, I did.

    Especially the part about "they have reached a compromise and settlement of all claims and causes of action asserted herein and, pursuant to the terms of their settlement agreement"

    In other words, they settled out of court and there won't be any judgements.

    What are you referring to??

    -

    Erby Crofutt, Georgetown, KY - Read my Blog here: Erby the Central Kentucky Home Inspector B4 U Close Home Inspections www.b4uclose.com www.kentuckyradon.com
    Find on Facebook at: https://www.facebook.com/B4UCloseInspections

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