disclaimer

Disclaimers, Will They Protect You?

ASHI – NE Chapter Education Chairman, Bob Mulloy, in a recent note wrote:

Joe –

I am preparing a future seminar for ASHI, titled “Disclaimers, Will They Protect You?” 

I have numerous sample disclaimers for systems and components that I plan to present for discussion. 

Let me ask you some questions:

How would you define the difference between an Exclusion and a Disclaimer?
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When Attorneys Amend Your Agreement

One of my home inspector clients contacted me the other day for advice on what to do about a prospect whose attorney had lined out in its entirety the portion of his Inspection Agreement that a. required binding arbitration and b. required claims to be brought within one-year of the inspection.

In his transmittal email to the inspector’s prospect, the attorney wrote the following: “The stuff below that I red-lined should be removed. I don’t have a problem for him not to be responsible for stuff he does not inspect. Any questions let me know.” Italics mine.

And I, for my part, do not have a problem with this lawyer lining out those two items, especially if the inspector can exact a higher inspection fee as a result. Here’s why.
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