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  12:35 pm
Commenter: Timothy Early, Early Home Inspections LLC

SB 627 - Home Inspector's Limited Liability Contract Wording
 

SB 627 will effectively increase insurance costs for home inspectors and drive a number of inspectors out of business. New licensing requirements (July 1, 2017) already are reducing the number of newcomers into the business producing an aging work force. An aging workforce will opt to quit rather than defend frivolous lawsuits and risk any accumulated wealth. They will be frivolous because opinions rather than knowledge will rule actions. Lawyers will encourage this. To protect themselves, home inspectors will need to increase their on-site time many fold. And report preparation time and length will increase accordingly.  Increased costs and lesser competitive pricing will be passed on to consumers.  Well-heeled buyers won't be hurt but average ones will...probably opting to forego an inspection. The homes they can afford are the ones most likely to need work...work a home inspection highlights. This bill is an anti-consumer bill. Furthermore, it is redundant. There are other laws in effect that counter limited liability clauses, particularly in fraud or intent to harm scenarios. In reality, regardless what a contract says, a suit can be made. The only winners are lawyers. Limited liability clauses promote careful consideration before suing. If the government must do something, consider requiring E&O insurance as well as general liability. Also, consider requiring Workman's Compensation. Home inspectors can fall off roofs, through ceilings and get electrocuted in crawlspaces as well as electric panels. Without Workman's Compensation the seller is liable. Why aren't the Senators protecting them.

CommentID: 65414