Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Virginia Board for Asbestos, Lead, and Home Inspectors
 
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6/16/18  9:37 am
Commenter: Mike Ward-Dahl, Pillar To Post Home Inspections

Removing clause of limited liability - Oppose
 

The SB627 to have the statement of "limit of liability" removed from the home inspection agreement will have significant impact on the availiblity of home inspections for the consumer. Presntly our cost of E&O insurance is over $3000 per year and the insurance requires our agreement to have that statement in our agreement, If that statement is removed the industry may not insure us or the cost may go up dramatically to cover the liability or inspectors may decide it is not worth the risk. This would increase the costs and limit availablity of inspectors

As Virginia is very pro business, this seems to be a very selective anti-business measure, with all of the abitration clauses that are allowed in business agremeents this one is going after the very small business. Even with the clause home inspection companys are still sued and settled with the E&O insurance if it is a legitimate claim.

As an inspector we have 2-4 hours to go through a home, we have to deal with personally belongings concealing walls in many locations, we deal with vacant homes that water has been turned off so issues are not present during th einspoection and may appear after wate ris turned on for a longer time. We deal with owners that have concealed the issues with paint or other coverings. 

As inspectors we inspect a home on a set date, then the buyers move in and something fails, are we to be responsible for mechanical failures after we inspect the home. Just this week my compressor failed on my AC unit, it cost me $1200 to repair it, the unit is less than 3 years old. Would I as an inspector be responsible for that failure if it happend right after the buyers moved in. 

As inspectors we test for wet basements, the basement is dry during the inspection, no visual sign of past water damage, after this past 2 weeks of extremely heavy rains, a basement gets wet, are we responible for the wet basement

These are examples of issues that with the clause of "Limited Liability" does not become a issue, with out this clause it may have to be defended against

 

CommentID: 65412