Liability question

[John Cahill]

For the sake of conversation: What, if any, liability limit should apply to home inspectors? Some states allow a limit of liability to the report fee; others do not. In Texas a doctors liability is $250,000. What goes on in your state and what do you think would be acceptable? (not that you'll get it )

[Michael R. Boyett]

John, regardless of state laws, I suspect you will be hard pressed to find any HI that thinks his liability should exceed the cost of the inspection.

[Emmanuel J. Scanlan]

John,

I am certainly going to be beat upon for my answer. But you have brought forth a good question and Russell Strahan has made very valid points in other recent posts.

IMO I do not feel that any person, any profession, any business nor any government entity (and their employees, from the local to Federal levels) should have their liability limited by any law!! Any law that provides liability limits performs three major disservices to the public. First it binds the hands of those actually wronged by inept, corrupt, etc. persons and entities that should truly pay for their actions. Secondly it provides a legal backing for people to steel, cheat and perform below what their license, public expectations, etc. are.

The last disservice is that legal liability laws spawn a whole plethora of other laws, rules, regulations, actions, etc. that are attempts at mitigating the effects of the liability laws. As we have discussed before laws are seldom clear and concise and result in interpretations that may or may not further cloud the intention and purpose of the law (i.e., but not the only one, HI E&O in Texas).

Excessive amounts of time are already placed into creating laws, rules and regulations instead of enforcing the ones that had existed to ensure questionable, improper or illegal activities were not taking place. This time, effort and money is better spent weeding out the problems through enforcement and reforming the judicial system so that those making it through enforcement , but deserving of punishment, are properly attended to.

[Kevin Luce]

Originally Posted by mboyett

I suspect you will be hard pressed to find any HI that thinks his liability should exceed the cost of the inspection.

Liability limitation for the cost of the inspection should not exist. The process of suing somebody needs to be replaced. If that person can pay a lawyer by the hour, that lawyer will get everyone involved in the purchase of the house no matter what the state law or contract says.

At this time, I'm getting sued because the electrician replaced an old 100 amp electrical panel that had tons of problems with a new 100 amp breakers box (The buyer things a 200 amp box for a 1,200 sq ft house should have been installed.), the temperature guage on the oven doesn't match up with the actual temperature in the oven (clearly written twice in the report that we do not check that) and the air conditioner did not work when they turned it on for the first time in the spring (Picture I included in the report shows about 3 inches of snow on the unit and ground). The buyer is suing the seller, Realtor, Realty company, my company, and the home warranty company.

If I truly made a mistake, then I should be liable for more than the cost of the inspection. If you were the buyer and had to spend a lot of money to make corrections on something that the home inspector was required to report, do you think the cost of the inspection would be satisfactory?

In Indiana, I am not aware of any case where the buyer could only get the cost of the inspection back.

[David P. Valley]

Originally Posted by jcahill

What goes on in your state and what do you think would be acceptable? (not that you'll get it )

I can say that any licensed HI who is required (by their State) to carry liabilty insurance surely does not enjoy paying this ridiculous fee. I believe that these fees should be continuously lowered on a yearly and individual basis if there are no claims filed against an HI. I've never had any claims filed against me because I'm concise and very thorough. Being in this position, my liability requirements should be lowered, but I have to choice but to abide to my laws.

Here is the Existing State Home Inspector Regulatory Legislations....



Alabama Licensure (Act 2002-517 enacted in 2002) Requires individuals performing home inspections to become licensed by the Alabama Building Commission. The Alabama Standards of Practice and Code of Ethics (see Home Inspectors Rules and Applications) is adopted from the ASHI Standards of Practice and Code of Ethics. The Alabama Building Commission gratefully acknowledges ASHI's consent. The Building Commission adopted the National Home Inspection Examination to assess minimum competence. The bill also outlines educational and experiential requirements to become licensed, sets license fees and insurance requirements, and defines penalties under which licensure may be suspended or revoked. This law replaces Act 96-574.
For more information or a copy of the statute contact the Alabama Building Commission, (334) 242-4082, (334) 242-4182 fax, e-mail buildcom@bc.state.al.us.

Alaska Licensure (Chapter 134 SLA enacted in 2003). In Alaska, home inspectors and associate home inspectors will be issued a certificate of registration by the Department of Community and Economic Development. To be a registered home inspector, an individual must: 1) pass the National Home Inspector Examination, 2) meet the educational and experience requirements as determined by the Department, 3) submit a complete application for registration within one year of passing the exam, 4) not have been convicted of specific crimes in the past seven years of the date of the application, 5) not have had the authority to perform home inspections revoked in the state or another jurisdiction, 6) not be the subject of an unresolved criminal complaint or unresolved disciplinary action in the state and 7) pay the appropriate fees. For the renewal of certificates, the Department will require at least eight hours of continuing competency activity in each licensing period. The Department will set the registration fees for home inspectors and associate home inspectors and determine the disciplinary actions and penalties for violating the terms of the certificate of registration. The law also sets home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation. The law requires that a written report fulfilling certain requirements be submitted to the person requesting the inspection upon completion of an inspection that will remain valid for 180 days after the inspection and allows for civil action to be taken against home inspectors for one year after performing the inspection. The law requires the home inspector to carry insurance and a bond of $5,000. The law went into effect in 2003 and all home inspectors are required to have a license by July 1, 2004.
For more information contact the home inspector licensing examiner at the The Department of Commerce, Community, and Economic Development at (907) 465-5470 phone, (907) 465-2974 fax or e-mail brenda_Donohue@commerce.state.ak.us .

Arizona Certification (Title 32, Chapter 1 enacted in 2002). The Arizona State Board of Technical Registration (BTR) certifies and regulates the practice of home inspectors. The law requires 80 hours of education, successful completion of the National Home Inspector Examination, and evidence of successfully completed home inspections. In addition, the law requires that certified home inspectors have one of the following financial assurances: 1) Errors and Omissions Insurance in the amount of $200,000 in the aggregate and $100,000 per occurrence, 2) a $25,000 bond or proof of assets in that amount, or 3) an alternate financial assurance mechanism approved by the BTR with a value of at least $25,000. The law states that loss of or failure to obtain financial assurance is grounds for revocation of certification.
For more specific information regarding certification requirements, please go to the BTR website and, under Regulations on the Table of Contents panel, click on "Applicable Statutes" (see A.R.S.§ 32-122.02 or "Applicable Rules" (see A.A.C. R4-30-247).
For further information, contact Manual Maltos, Home Inspector Certification Program administrator.

Arkansas Registration (Act 1328 of 2003) repealed and replaced (Act 791 of 1997). Unde r the "Arkansas Home Inspector Registration Act," all home inspectors in the state must register with the Sec retary of State. Applicants must pass the National Home Inspector Examination. In addition, home inspectors must conduct all inspections in adherence to the Standards of Practice and Code of Ethics of ASHI, the Arkansas Association of Real Estate Inspectors, or an equivalent professional home inspection association. The law also prohibits inspectors from performing repairs on a structure that he has inspected within the last 12 months. In order to register under the law, an applicant must procure general liability insurance of at least $100,000. These requirements, along with the duties and responsibilities of the Board, complaint and disciplinary procedures, continuing education requirements and more can be found In the Rules and Procedures of the Arkansas Home Inspector Registration Board.
For more information, contact the Arkansas Home Inspector Registration Board.

California Trade practice act (Chapter 33 enacted in 1996. The law in California prohibits unethical home inspection practices, including repairing properties that home inspectors have inspected in the previous 12 months. The law encourages courts to consider the Standards of Practice and Code of Ethics of ASHI and the California Real Estate Inspection Association when determining whether an inspection meets the required standard of care.
For more information, contact the California Contractors State License Board at 1-800-321-2752, (916) 366-9130 fax.

Connecticut Licensure (Public Act No. 99-254 enacted in 2000). Con necticut law requires home inspectors to be licensed under the "Home Inspection Licensing Board." In order to be eligible for a home inspector license, an applicant shall: 1) have successfully completed high school or its equivalent; 2) have either been engaged as a home inspector intern for not less than one year and not performed less than 200 home inspections for compensation or taken and successfully completed a board-approved training program, earned a home inspector intern permit, and performed not less than 100 home inspections under the direct supervision and in the presence of a licensed home inspector; 3) have passed an oral, written, or electronic competency examination; and 4) have paid a $200 fee. In order to receive a permit as a home inspector intern, an applicant shall: 1) have successfully completed high school or its equivalent; 2) have enrolled in and completed a board-approved training program; 3) have an identified supervisor who is licensed as a home inspector, is in good standing, and has agreed to perform the supervisory functions required; and 4) have paid a $100 fee.
For more information, including Regulations, applications, etc. contact the Department of Consumer Protection, Licenses Service Division at
(860) 713-6145
(860) 713-7230
e-mail: occprotrades@po.state.ct.us

Georgia Trade practice act (Chapter 3, Title enacted in 1994. Georgia law requires home inspectors to provide written documents containing certain information with regard to inspections. This written document must include the scope of the inspection, including the structural elements and systems to be inspected, that the inspection is a visual inspection, and that the home inspector will notify, in writing, the person on whose behalf such inspection is being made of any defects noted during the inspection.
For more information, contact the Secretary of State, Construction Industry License Board.
(47 207-1300 phone
(47 207-1363 fax

Illinois Licensure ( 225 ILSC 441 enacted in 2001). Illinois law creates the Illinois Home Inspector License Act and establishes a Home Inspector Advisory Board within the Office of Banks and Real Estate (OBRE), which is charged with regulating home inspectors. To obtain a license, an applicant must: 1) be at least 21 years of age, 2) obtain a high school diploma or GED, 3) as a prerequisite for sitting for the examination, successfully complete 60 hours of pre-license education from an education provider approved and licensed by OBRE, and 4) take and successfully pass the Home Inspector Examination for Illinois, which consists of the National Home Inspector Examination and a section concerning Illinois statutes and regulations. Licensed home Inspectors are required to perform Inspections that meet the minimum standards of practice established by rule as adopted by the OBRE. The law also exempts certain professionals from licensure as a home inspector while acting under the scope of their licenses. The law became effective January 1, 2003.
For more information, including statute, Rules, applications, contact the Office of Banks and Real Estate at (217) 782-3000 phone and (217) 558-4297 fax.

Indiana Licensure (P.L. 145 enacted In 2004). P.L. 145 established the Home Inspectors Licensing Board to regulate home inspectors and associate home inspectors. The Board shall be responsible for setting the fees for licenses, investigating complaints concerning licensees and establishing continuing education requirements. The Board shall adopt a code of ethics, standards for competent performance of home inspections and standards for inspection reports. Under P.L. 145, licensing requires that a candidate: 1) be at least 18 years of age, 2) graduated from high school or earned a GED diploma, 3) not have been convicted of specific crimes, 4) complete a Board approved training program or course and pass an exam approved by the Board, 5) carry general liability insurance coverage of at least $100,000 and 6) pay a fee. The law also provides that a person who performs home inspections for compensation without a license commits a Class B Infraction. It also provides that any civil complaints based upon the professional services of a licensed home inspector must be filed within two years of the date the alleged Infraction occurred. This law takes effect July 1, 2004.
For more information contact the Indiana Professional Licensing Agency at (317) 234-3009 phone or (317) 232-2312 fax, or Email: pla9@pla.in.gov.
To download the law go here

Kentucky Licensure ( KRS 198B.700) enacted in 2004. (The Kentucky Home Inspector Licensing Law requires home inspectors to be licensed and defines the requirements of licensure. An inspector must be at least 18 years old, have a high school diploma or GED equivalent, complete a board-approved training program, pass an examination approved by the board, and submit a certificate of insurance. Inspections must be conducted in accordance with the standards of practice of ASHI or NAHI or their equal. The law created the Kentucky Board of Home Inspectors, to which the Governor appointed eight members, including one member each from ASHI, NAHI, and the Kentucky Real Estate Inspection Association. The law also establishes license renewal criteria, including continuing education of 30 hours for two years. Licensed inspectors must carry liability insurance in the amount of $250.000.
For more information contact the Kentucky Office of Housing, Buildings and Construction, Terry Slade, (502) 573-0373, extension 201, (502) 573-1057 fax, e-mail terry.slade@ky.gov OR Kentucky Board of Home Inspectors Dawna King, (502) 573-0373, extension 202, (502) 573-1057 fax, e-mail dawna.king@ky.gov

Louisiana Licensure (Chapter 17-A of Title37) enacted in 1999. Louisiana law creates the "Louisiana Home Inspectors Licensing Act." It creates the Louisiana State Board of Home Inspectors within the Department of Economic Development and requires the Board to establish minimum qualifications for licensing and allows the Board to charge and collect fees. Applicants must be at least 18 years old and must have successfully completed high school or its equivalent, and passed the National Home Inspector Examination. Applicants must show evidence of successful completion of at least 120 hours of instruction, at least 30 hours but no more than 40 of which must be in course work containing actual practical home inspections. Home inspectors are required to provide a written report of the home inspection, and are prohibited from, at the time of inspection and for a reasonable time thereafter, advertising or soliciting to perform repair services on the home upon which the inspection was performed. As a condition of renewal of a license, a home inspector must show evidence of completion of 20 hours of continuing education. Active licensees are required to carry errors and omission insurance, and the Board must establish a group insurance program.
For more information, including General Rules, Standards of Practice, applications and more, contact the Louisiana State Board of Home Inspectors at 225-248-1334 phone or 225-248-1335 fax

Maryland Trade practice act enacted in 1992. Maryland law requires home inspectors to disclose professional qualifications and the scope of the inspection within the home inspection contract. The law also requires home inspectors to conduct home inspections in accordance with the standards of practice set forth by a professional home inspection trade association such as ASHI or the National Association of Home Inspectors.
Licensure ( Chapter 470) enacted in 2001. [Note: the following describes the law passed in 2001. However, this passage from the Maryland Web site makes clear that the law is not currently in effect for budgetary reason
"The law for the licensing and regulation of Home Inspectors has been deferred until an appropriation to fund the program is allocated. Therefore, there will be no activity relative to the licensing, training or regulation of home inspectors. At this time, there is no date available as to when the licensing program will begin. Updates to the program will be posted on this site as they occur."]
Maryland law creates the State Commission of Real Estate Appraisers and Home Inspectors to regulate home inspectors in the state. Th e Commission is charged with establishing a code of ethics and standards of practice for licensed home inspectors, and providing a copy of such standards to each licensed home inspector. To qualify for licensure prior to July 1, 2002, an applicant must complete two of the following conditions: 1) complete a minimum of 48 hours of an on-site training course approved by a national home inspection organization of the Commission, 2) complete a minimum of 2 years of relevant work experience as determined by the Commission, 3) complete at least 100 home inspections for compensation, or 4) submit proof of full membership in or certification by ASHI or NAHI. Effective July 1, 2002, an applicant for a home inspector license shall: 1) have completed a minimum of 48 hours of an off-site training course, 2) have a high school diploma or its equivalent, 3) have general liability insurance in an amount not less than $50,000, 4) submit an application sanctioned by the Commission, 5) pay the application fee of $50 to the Commission. The law also exempts certain professionals from licensure as a home inspector while acting under the scope of their licenses, and pro vides a reciprocity provision for licensed home inspectors from other states.
For more information, contact the Division of Occupational & Professional Licensing at (410) 230-6165 phone or (410) 333-6314 fax.

WOW-----Massachusetts Licensure (Chapter 146) enacted in 1999. Massachusetts law requires home inspectors and associate home inspectors to be licensed under the Board of Registration of Home Inspectors. The Board is required to: 1) establish the requirements for licensure and for the standards of professional and ethical conduct; 2) establish standards for continuing education; 3) authorize and conduct examinations; 4) grant licenses to qualified applicants; and 5) establish penalties. The law also requires that the Director of the Office of Consumer Affairs and Business Regulation publish an informational brochure on home inspections which must be issued to home buyers at the signing of an offer to purchase. Licensed home inspectors must: 1) have successfully completed high school or its equivalent; 2) have been engaged as a licensed associate home inspector for not less than one year and have performed not less than 100 home inspections under the supervision of a licensed ho me inspector; 3) have passed the National Home Inspector Examination; and 4) paid the appropriate fee. A licensed associate home inspector must: 1) have successfully completed high school or its equivalent; 2) have performed not less than 25 home inspections in the presence of a licensed home inspector; 3) have passed the National Home Inspector Examination; 4) have an identified supervisor who is a person licensed in good standing as a home inspector; and 5) paid the appropriate fee. Licensed home inspectors and associate home inspectors must carry errors and omissions insurance in an amount not less than $250,000. Also, a home inspector or associate home inspector may not attempt to limit liability for negligent or wrongful errors or omissions by use of a clause within a performance contract that limits the cost of damages from negligent or wrongful errors or omissions.
Amendment to Current Law( Ch. 146 of 1999) enacted in 2001. The amended section of the law (Chapter 17 of 2001) extends the time period during which the Board may issue a temporary license to an applicant seeking licensure as a home inspector. The law moves the effective date back to November 1, 2001 from May 1, 2001 and establishes the criteria under which a temporary license may be issued. A temporary license may be issued if: 1) an individual has been engaged in home inspection for not less than three years prior to the effective date and has performed at least 100 inspections for compensation, or 2) an individual has been engaged in the practice of home inspection for not less than one year prior to the effective date, and has performed at least 125 inspections for compensation. Temporary licenses shall terminate in 90 days, or whenever the applicant furnishes proof of having passed a licensing examination approved by the Board, whichever occurs first.
For more information, including Rules and Regulations, contact the Board of Registration of Home Inspectors at (617) 727-4459 phone or (617) 727-2197 fax.

Mississippi Licensure (Chapter 71) enacted in 2001. Mississippi law requires home inspectors to be licensed by the Mississippi Real Estate Commission (Commission) and is given the following powers: 1) receiving and approving applications for licensure and collecting fees, 2) implementing recommendations made by the Home Inspector Advisory Board, 3) adoption of a code of ethics and standards of practice 4) developing a licensing exam (the Commission adopted the National Home Inspector Examination to assess minimum competence) which meets nationally recognized standards, as well as developing applications and licensing forms, 6) adopting rules and regulations for administering the law. The. The law also created a five person Home Inspector Regulatory Board (Board), members of which are to be licensed inspectors, and appointed by the Governor. The Board serves in an advisory capacity to the C ommission, and was given the following duties and powers: 1) responsibility for matters relating to the code of ethics, standards and qualifications, 2) hol ding hearings and preparing examination specifications for licensure, 3) conducting investigations, 4) further defining regulation, educational and equivalent experience, and 5) recommending suspension or revocation of licenses. To qualify for a license under this act, a person must: 1) have successfully completed high school or attained an equivalency degree, 2) be at least 21 years old, 3) have successfully completed an approved course of study of at least 60 hours, which may include field work as required by the Commission, 4) pass the National Home Inspector Examination, and 5) provide a certificate of insurance for errors and omissions and general liability. Certain individuals acting under their profession or license are exempted from additional licensure by the Commission for "visual inspections"--specialty and general contractors, architects, engineers, financial institution employee, licensed real estate broker, appraiser or home builder. There is also a three-year limitation included for clients seeking to recover damages from an inspection, a reciprocity provision, and a grandfather clause incl uded in the act.
For more information, including forms, education providers and more, contact the Real Estate Commission (Home Inspector Regulatory Board) at (601) 932-9191.

Montana Trade Practice Act ( Chapter 14, Title 30) enacted in 1999. Montana law, the Home Inspection Trade Practices Act, prescribes what elements must be identified in a home inspection and defines prohibited activities by a home inspector.
For more information, contact the Office of Building Codes and Inspection at (406) 841-2040 phone or (406) 841-2050 fax.

Nevada Certification (NRS 645D.120 and NAC 645D.210) enacted in 1997. Nevada law provides for the certification of home inspectors of structures by the Rea l Estate Division of the Department of Business and Industry. An applicant for certification as a certified residential Inspector : (a) must furnish proof to the Division that he has successfully completed 1) not less than 40 hours of academic Instruction In subjects related to structural Inspections In courses approved by the Division or equivalent experience as an Inspector, and 2) an examination approved by the Division, and (b) must possess a high school diploma or Its equivalent. Experience as an Inspector must demonstrate ability of the applicant to produce a credible Inspection report according to the standards and requirements set In the statute and codes. Applicants must submit to the Division a log of Inspections performed for a fee on a form supplied by the Division. Applicants must submit proof that they have errors and omissions insurance of at least $100,000 and general liability insurance of at least $100,000. The law also provides that a purchaser may not recover damages from a seller on the basis of an error or omission in the disclosure form that was caused by the seller's reliance upon informat ion provided to the seller by a certified inspector of real estate.
For more information, contact the Department of Business and Industry, Real Estate Division
(775) 687-4280 phone
(775) 687-4868 fax

New Jersey Licensure (Chapter 8, Title 45) enacted in 1998. New Jersey's "Home Inspection Professional Licensing Act," sets specific educational and experience requirements in order to become a licensed home inspector. All home inspectors are required to: 1) complete high school or its equivalent; 2) serve as a licensed associate inspector for at least one year; 3) perform at least 250 inspections; 4) carry $500,000 in insurance; and 5) pass the National Home Inspector Examination. Inspectors do not have to be a member or candidate of ASHI in order to take the exam. In order to become a licensed associate home inspector under the law, an inspector must: 1) perform at least 50 inspections in the presence of a licensed inspector; and 2) pass the National Home Inspector Examination. Also, the law provides that, if home inspectors fail to disclose problems or acc ept payment from another party in the transaction, they can lose their license. Home inspectors are regulated by a five-member Home Inspection Advisory Committee, housed under the State Board of Professional Engineers and Land Surveyors.
In 2003, Public Law 2003, Chapter 77 was passed, amending the grandfathering requirements and extending the grandfathering window by one year, until June 30, 2004. Home Inspectors now have until December 31, 2005 to obtain their licenses.
In 2005, Public Law 2005, Chapter 201 was passed. The law states that to be eligible for home inspector licensure an applicant has two options: (1) successfully complete an approved course of study not less than 180 hours, as prescribed by the State Board of Professional Engineers and Land Surveyors, after consultation with the State Department of Education, which shall include not less than 40 hours of unpaid field-based inspections in the presence of and under the direct supervision of a licensed home inspector; or (2) perform not less than 250 fee-paid home inspections in the presence of and under the direct supervision of a licensed home inspector. The licensed home inspector who oversees these ins pections must take full responsibility for the inspection and any report produced. In addition, the law stipulates that as a condition for home inspector biennial license renewal, an individual shall complete 40 credit hours of continuing education.
The law also changes current law, which states home inspector applicants must pass the examinations offered by ASHI. The law instead will require applicants to pass an examination administered or approved by the Home Inspection Advisory Committee, which would not necessarily be ASHI's exam.
The law eliminates the classification of "Associate Home Inspector." During the first 180 days after the bill's enactment, the Home Inspection Advisory Committee shall, upon application, issue a home inspector license to any person whose application for an Associate Home Inspector license had been approved by the committee prior to December 30, 2005 or who satisfied certain requirements and had completed 40 hours of unpaid field-based inspections under the direct supervision of a licensed home inspector prior to December 30, 2005.
For more information, contact the NJ Home Inspection Advisory Committee at (973) 504-6460.

New York Licensure (Chapter 461 of the Laws of 2004) The "Home Inspector Professional Licensing Act"takes effect December 31, 2005 and requires that all home inspectors obtain a license. Home inspectors will be licensed for two years and must pay an initial fee of $250.00 and renewal fees of $100.00 thereafter. The basic provisions of the law include requirements for obtaining a license, including classroom education and on site inspection training, confirmation of an appropriate knowledge base via testing, the development of a required standard of practice and code of ethics, continuing education requirements for license renewal, and a duty of care of all license holders to the client. There are two routes to obtaining a license. An applicant must complete 140 hours of approved training, including 40 hours of unpaid inspection experience under the direct supervision of a licensed inspector, or have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector. The applicant must also pass an approved written exam. Additionally, there are grandfathering provisions in the law that recognize the value of prior experience. To receive a license under this provision, an inspector must have inspected at least 100 homes within the last two years and pass an approved exam, or have inspected at least 250 homes for compensation and have been a practicing inspector for at least three years, prior to the enforcement of this law.
There is an advisory Council consisting of 4 inspectors and 2 public members, that must meet to advise the Secretary regarding the appropriate rules and regulations, education requirements, examination, standards of practice and code of ethics. The Council will suggest the number of hours needed to meet continuing education requirements.
The law requires that a licensed home inspector maintain appropriate general liability insurance.
Finally, Under the Duty of Care provisions, every home inspector must provide a written report to the client, indicating what components and systems were observed, and must maintain the client's wishes for confidentiality. The inspector may not do repairs on a home he/she has inspected for real estate sales purposes, inspect homes in which the inspector may have a financial interest, pay referral fees to agents or sellers, or inspect homes when payment is contingent upon closing, or pre-established or prescribed findings.
For more information contact Keith W. Stack, Deputy Secretary of State for Business and Licensing Services, New York State Department of State Division of Licensing Services, (51 474-4429, (51 473-6648 fax, e-mail licensing@dos.state.ny.us.

North Carolina Licensure ( Chapter 143, Article 9F) enacted in 1993. The North Carolina "Home Inspection Licensure Act" provides for the licensing and regulation of home inspectors through the creation of a Home Inspector Licensure Board within the Department of Insurance. In order to become licensed as a home inspector, an individual must pass the licensing examination prescribed by the Board, have minimum net assets or a bond in an amount determined by the Board (not less than $5,000 nor more than $10,000) and meet certain educational conditions, including: 1) have a high school diploma or its equivalent, have been engaged as a licensed associate home inspector for at least one year, and have completed 100 home inspections for comp ensation; 2) have education and experience the Board considers to be equivalent to that in subpart 1. above; or 3) be licensed as a general contractor, architect, or professional engineer. In order to become licensed as an associate home inspector, an individual must pass a licensing examination prescribed by the Board, have a high school diploma or its equivalent, and be affiliated with or intend to be affiliated with a licensed home inspector and submit a sworn statement by the licensed home inspector with whom the applicant is or intends to be affiliated certifying that the licensed home inspector will actively supervise and train the applicant.
For more information, contact the Inspector License Board at (919) 662-4480, (919) 662-4414 fax.
Scroll down to Home Inspector Licensure Board
The General Statutes and the Administrative Code are meant to be used together.

North Dakota Registration (HB 1507 enacted in 2005) states the requirements for home inspector registration and license renewal procedures. Applicants must be at least 18 years old, have submitted proof of errors and omissions insurance coverage in the amount of $100,000, and have paid a $200 fee. The law exempts applicants that perform home inspections for residential buildings located outside the corporate limits of any city or located in a city with a population under three thousand from being required to carry errors and omissions insurance in the amount of $100,000. The bill provides a penalty for home inspectors that fail to register, making any individual that provides a home inspection without registration guilty of a class B misdemeanor. Also states that an applicant shall submit proof of completion of an examination offered by the American Society of Home Inspectors, the National Association of Certified Home Inspectors, the Examination Board of Professional Home Inspectors, the National Association of Home Inspectors, or the International Code Council. For more information, including registration forms, go to the Home Inspector page at the North Dakota Secretary of State Web site or call 701-328-2900 or e-mail sos@state.nd.us.

Oklahoma Licensure (Section 858-622 of Title 59) enacted in 2001. The "Oklahoma Home Inspection Licensing Act" provides for the licensing of home inspectors through the State Board of Health, and a newly created Committee of Home Inspector Examin ers (Committee). The Committee is charged with advising the Board of Health in establishing rules relating to: 1) qualifications and examinations for licensure (the committee has adopted the National Home Inspector Examination as the test for minimum competence), 2) renewal requirements, 3) reinstatement of licenses, 4) continuing education, 5) standards of practice and prohibitions, 6) approval of schools and educational course content for home inspection, 7) standards for schools to remain approved to provide courses of instruction, reciprocity agreements, and 9) investigative procedures. These Rules have been established in Title 310, Chapter 276. In order to take an examination for licensure, an applicant must be at least 18 years of age, and successfully complete eighty (80) hours of home inspection training, or its equivalent, as determined by the Committee. Renewal of licenses will be granted provided home inspectors attend five hours of continuing education within the preceding 12 months. A grandfather clause is included as well, with a sunset date of January 1, 2002. Under the law, licensed home inspectors will be required to carry no less than $50,000 of general liability insurance.
For more information, contact the Department of Health, Occupational Licensing at 1000 N.E. Tenth, Oklahoma City, OK 73117
Phone: (405)271-5243 FAX: (405)271-3458

Oregon Certification (ORS 701.350, 355) enacted in 1997. The Oregon Home Inspection Certification Law requires individuals who perform home inspections of two or more components to be certified by the Oregon Construction Contractors Board (CCB). An individual must meet minimum training and/or experience requirements to take a comprehensive test, pass the test and complete continuing education courses to renew certific ation. The Oregon Standards of Practice, Standards of Behavior and Definitions are adopted from the ASHI Standards with Oregon amendments; Oregon acknowledges the assistance of ASHI in developing its standards and definitions. Each certified home inspector must be an owner or employee of a business licensed with the CCB. Businesses that perform home inspections must be licensed with the CCB in categories that require either a $10,000 or $15,000 bond and either a $300,000 or $500,000 liability insurance policy. Amendment to current law (ORS 710.35, Chapter 812). The amendment to current law provides an exemption for a home inspector acting within the scope of his/her certification or licensure, from licensure as a real estate appraiser.
For more information, contact the Construction Contractors Board at (503) 378-4621 phone or (503) 373-2007 fax.

Pennsylvania Trade Practice Act ( Act 114 of 2000, Title 68 enacted in 2000). The law in Pennsylvania provides a uniform definition for the term "home inspection" and for a national home inspection association. It establishes that a home inspector shall conduct their inspection in accordance with the standards of practice set forth by a professional home inspection trade association such as ASHI or the National Association of Home Inspectors. It further outlines consumer remedies as they relate to a home inspection, and establishes penalties for misrepresentations of fact in an inspection report. Under the law, home inspectors are required to maintain errors and omissions and general liability insurance with coverage of not less than $100,000 per occurrence and $500,000 in the aggregate. The law is scheduled to take effect in December 2001.
For more information, contact the Pennsylvania Home Inspectors Coalition.
Contact the Pennsylvania Bureau of Consumer Protection at (717) 787-9707.

Rhode Island Trade practice act enacted in 1996. The law in Rhode Island forbids home inspectors, pest control inspectors, and contractors from doing work on property that is inspected prior to real estate sales. The law was passed to help eliminate activities that could present a conflict of interest.
Licensure (Chapter 65.1) enacted in 2000. Rhode Island law creates a home inspector licensing law and requires that all home inspectors be licensed. Home inspectors would be required to maintain $250,000 of liability insurance, pass the National Home Inspector Examination, and abide by standards of practice and a code of ethics. NOTE: This law is currently not funded.
For more information, contact the RI Contractors' Registration Board at (401) 222-1268 phone or (401) 222-2599 fax.

South Carolina Licensure (Title 40, Chapter 59, Article 3) enacted in 1996. South Carolina law requires any person desiring to be a licensed home inspector to file with the South Carolina Residential Builders Commission. A home inspector must show to the satisfaction of the Commission that he is currently certified as a home inspector by an organization recognized by the Commission, that he has a minimum of one year of experience as a home inspector under the supervision of a licensed inspector, and that he has performed a minimum of fifty residential inspections.
For more information, including Rules and Regulations, contact the
Department of Labor, Licensing and Regulation,
Residential Builders Commission
(803) 896-4621 main
(803) 896-4696 for Home Inspectors
www.llr.state.sc.us

South Dakota Licensure ( Chapter 36-21C) enacted in 2000. The South Dakota law provides for the regulation of home inspectors. The South Dakota Real Estate Commission shall issue and renew certificates to licensed and registered home inspectors pursuant to the provisions of this law. No person may provide a home inspection for compensation unless registered or licensed in the State of South Dakota. Applicants for a license as a home inspector shall meet the following requirements; 1) Good moral character; 2) Completion of high school or equivalency; 3) Employment as a registered home inspector for no less than one year and performance of not less than one hundred home inspections for compensation; 4) Successful completion of the National Home Inspector Examination to assess minimum competence. Applicants for registration as a home inspector shall meet the following requirements; 1) Good moral character; 2) Completion of high school or equivalency; 3) Successful completion of an approved course of study; 4) Successful completion of registration exam.
For more information, contact the Real Estate Commission at (605) 773-3600 phone or (605) 773-4356 fax.

Tennessee Licensure ( 2005 Public Act Chapter 65 enacted in 2006) Any person who applies for licensure as a home inspector must submit an application on a form as prescribed by the commissioner. The application shall be accompanied by the fee specified in Section 4. Applicants shall furnish evidence satisfactory to the commissioner that the applicant: 1) is at least 18 years old, 2) has graduated from high school or earned a general education development certificate, 3) has not been convicted of a crime that has a direct bearing on the applicant's ability to perform competently and fully as a licensed inspector, 4) is not the subject of a disciplinary or enforcement action by another state or a local jurisdiction in connection with the performance of home inspections or the licensing or certification of home inspectors, 5) has successfully completed 90 hours of a commissioner-approved training program or course of study involving the performance of home inspections and the preparation of home inspection reports, 6) has passed a commissioner-approved competency examination administered by the state or an entity selected by the state, and 7) has obtained a certificate of insurance in an amount required by the commissioner for general liability as well as errors and omission to cover all activities contemplated under this chapter.
During the first 180 days after the effective date of this act (July 1, 2006), the commissioner may issue a license to an applicant who meets the requirements stipulated in the law if the applicant furnishes evidence satisfactory to the commissioner that the applicant: 1) has been principally engaged in the performance of home inspections in this state for at least two years, and 2) has complete at least 150 home inspections for compensation in the applicant's career.
For more information contact the Home Inspector Licensing Program at 615-253-1743 or fax 615-741-6470 or e-mail Carol.Kennedy@state.tn.us.

Texas Licensure ( Title 113A, Article 6573a, Section 23) enacted in 1991. The Texas licensure law, the Real Estate License Act, provides for the examination of home inspectors and established continuing education requirements. These and other requirements are contained in the Texas Administrative Code, Subchapter R, Rules. The law a lso requires home inspector applicants to work as apprentice inspectors under the supervision of a professional licensed home inspector. If an applicant is unable to obtain an apprenticeship, educational course work and an examination can be substituted. Home inspectors are regulated by the Texas Real Estate Licensing Board.
For more information, contact the Texas Real Estate Commission at
(512) 459-6544 phone or (512) 465-3910 fax.

Virginia Certification (Virginia Certified Home Inspectors Regulations) enacted in 2001. The Virginia certification law provides a voluntary certification program for home inspectors in the state. However, no person may hold him/herself out as a "certified home inspector" without meeting the certification requirement s prescribed b y the Board. The Board may issue a certificate to practice home inspection to any applicant who has successfully completed: 1) any educational requirements as required by the Board, 2) any experience requirements as required by the Board, and 3) passed the National Home Inspector Examination. The Board may issue a certificate to practice as a certified home inspector to any applicant who is a member of a national or state professional home inspector association approved by the Board, provided that the requirements for the class of membership in such association are equal to or exceed the requirements established by the Board for all applicants. Because the law was enacted recently, the language does not include specific requirements. The Board is undoubtedly working on creating those rules and requirements, in preparation for the law's July 1, 2003 effective date.
For more information, contact the Virginia Board for Asbestos, Lead, and Home Inspectors at (804) 367-8500.

West Virginia Certification (Title 87-05) enacted in 2006. West Virginia law, "Certification of Home Inspectors," establishes procedures to be followed to assure that consumers of home inspection services can rely on the competence of inspectors, as determined by educational and experience requirements and testing. As an initial requirement and qualification for certification as a home inspector, every applicant: 1) shall have passed the National Home Inspector Examination; 2) shall either present proof of having conducted business as an inspector for three years prior to August 1, 2006, or proof of satisfactory completion of at least 80 hours of instruction; 3) must have successfully completed high school or its equivalent; and 4) shall present proof of, and shall maintain, general liability insurance in the amount of not less than $250,000.00.
For more information, contact the West Virginia State Fire Marshal at (304-558-2191 or fax 304-558-2537 or e-mail info@wvfiremarshal.org.

Wisconsin Certification ( Chapter 440.97 ) enacted in 1998. Under Wisconsin's law, home inspectors must register with the State and pass an examination approved by the Department of Regulation and Licensing. The law instructs the Department to consider the use of an examination modeled after the National Home Inspector Examination. The law also requires that a home inspector perform a "reasonably competent and diligent" inspection; however, the inspection is not required to be technically exhaustive. Home inspectors are prohibited from limiting their liability from damages resulting in a failure to conduct a "reasonably competent and diligent" inspection. Also, inspectors are prohibited from performing repairs, maintenance, or improvements to a structure that they have inspected within the last two years.

[Blaine Wiley]

What should the liability be for the AHJ who misses items?

[rstrahan]

Manny,

Believe it or not, I agree with you. IMO, fear of tort generally does a better job of keeping people in line than regulation. Regulations are easier to manipulate than jury sentiment.


Kevin,

Are you insured against those claims?



Russell in BubbaLand

[Emmanuel J. Scanlan]

Originally Posted by bwiley

What should the liability be for the AHJ who misses items?

Blaine,

We can certainly go through years of writing up lists of how entities should pay for their errors. This in turn will spawn more laws, rules and regulations. This is exactly what I am referring to above and is one of, if not the main reason for, the poor condition of our government, its laws and judicial systems!

What you are trying to lead into is that government entities trying to perform their jobs, and supposedly performing them properly, should not be held responsible for their actions. But who defines what "performing them properly" actually means? That leads us back to the huge number of laws, rules, regulations, etc. that are crafted and written by people. Many of these people have no interest in the well being of the citizen. Instead they concern themselves with "Big Business".

Now to answer your question regarding what the AHJ's liability is for missing items should be? It may best be answered by the following question(s):

1. Did the AHJ hold itself out as "The Authority" regarding that check of that "item"?
2. Did the AHJ, or other controlling entity, prevent another from assuming the authority to not only check that "item" but also to make any "official ruling" regarding that "item"?

If the questions to that answers are "Yes" then the AHJ maintains full liability for "missing that item".

[Michael R. Boyett]

Professional Services under DTPA
The case of Head v. U.S. Inspections Inc. is the first appellate decision to recognize that some real estate professionals fall under an important exception to the Deceptive Trade Practices Act (DTPA). It also reveals how real estate practitioners may limit their liability (159 SW3rd 731).
Head (the plaintiff) contracted with U.S. Inspections (the inspector-defendant) to inspect a dwelling. The contract required that a licensed real estate inspector perform the task but limited the scope to visibly "readily accessible items."
The contract specified that neither the inspection nor the report would include any warranties, express or implied, unless specifically stated. Additionally, the agreement contained a clause limiting liability for "errors and omissions" to the amount paid for the inspection, which could not exceed $500. The limitation-of-liability provision appeared in a display box and was initialed by Head.
An apprentice inspector, not a licensed one, inspected the property. The roof, roof structure and attic were readily accessible and supposedly inspected. The report indicated "evidence of visible water penetration" on the roof but concluded the roof was "performing its function as intended at this time."
Head purchased the property, hired remodeling contractors and met with them on the premises to discuss the alterations. During the meeting, it rained. Water ran down the interior of the kitchen windows and leaked from the living room ceiling. After removing the sheetrock around the kitchen windows, the contractors found water, extensive wood rot, mold and rusty nails. Further inspection revealed water in the light fixtures and water stains on the garage ceiling. Water stains on the living room ceiling had been textured for concealment.
ead sued the inspector for violation of the DTPA, fraud, breach of contract, breach of warranty and negligence. The trial court granted the inspector summary judgment on all but one of the claims. Head appealed.
The appeal focused on two issues, the violation of the DTPA and viability of the limitation-of-liability provision.
The inspector defended the alleged DTPA violations on grounds the services fell under the exemption for professional services of the Texas Business and Commerce Code (Section 17.49[c][1]). The exemption says the DTPA does not apply to rendering professional services, the essence of which is providing advice, judgment, opinion or similar professional skills. Head countered that the inspector made express misrepresentation of fact "that cannot be characterized as advice, judgment or opinion."
The court disagreed. The contract stated the report would "contain the opinion of the inspector on the need for repair or replacement of the items inspected" and that "It is agreed that the opinions expressed by the inspector are only opinions." Thus, according to the contract, the services rendered were professional opinions exempted under the DTPA. While four exceptions to this rule exist, the court ruled that none applied.
The court found the inspector liable for breach of contract and negligence. However, Head's recovery was limited to $500 because of the limit-of-liability provision. Head appealed, arguing the provision was against public policy and unconscionable.
ublic policy, according to the court, depends on the relationship of the parties. If there is no disparity in their bargaining power, public policy is not violated, and the provision is enforceable.
In this case, the court found no disparity. The inspector was not the only provider in the area. Head was free to choose another. Also, a board-certified real estate attorney represented Head throughout the transaction.
As to unconscionability, no single test exists to determine if a contract is unconscionable. Generally, the courts address two questions. How did the parties arrive at the terms in controversy (the bargaining process)? Do legitimate commercial reasons justify the inclusion in the contract?
The court did not find the limited liability provision unconscionable. Head was fully aware of the provision during the bargaining process. It was not hidden in the fine print. The provision was conspicuously displayed in a separate box, which Head initialed.
Also, legitimate commercial reasons exist for its inclusion. In the court's opinion, the provision paralleled similar ones addressed in two prior Texas appellate decisions involving an alarm company. In those cases, the courts found it would be unreasonable to expect an alarm company to assume the responsibilities of a burglary insurance policy in exchange for payment of a minimal installation fee. The court viewed home inspectors the same way.
Head paid a small fee for a visual inspection of the dwelling. The task subjected the inspector to significant liability. Without the ability to limit this liability, the costs of home inspection services would likely increase, making them unaffordable for some.

Limitation of Liability Versus Liquidated Damages
The court emphasized the limitation-of-liability provision need not be based on a reasonable estimate of the damages caused by the breach. The reason lies in the difference between a liquidated damages provision and one that limits liability. Both are used to establish the amount of damages before a breach occurs to avoid litigation.
Provisions that fix liability at a specific amount (not the upper limits) or at a specified percentage of the charges for the services are viewed as liquidated damages. To be enforceable, the stipulated amount must be difficult to estimate, yet, at the same time, based on a reasonable forecast. The amount cannot be so large as to be a penalty.
Contractual provisions that set the upper limits of recovery are viewed as limitations on liability. They are not subject to the penalty analysis and need not be based on a reasonable estimate of the resulting damages. However, the provisions must be conspicuously placed in the contract to give fair notice.
Implications for Real Estate Practitioners
The DTPA's professional exemption affects real estate practitioners differently. Clearly, those who give advice and opinions, such as inspectors and appraisers, are more likely covered by the exemption, which provides a strong legal defense, especially when the contract is worded properly as it was here.
Those who primarily represent buyers, sellers, landlords and tenants in real estate transactions must be careful to craft all remarks as advice or opinions. Written verification helps. This is critical when assisting clients in such tasks as setting sales prices or accepting offers, making or accepting counteroffers or helping complete required forms such as property disclosure statements.
The procedure for limiting liability is more pertinent to those who contract in advance for their services, such as inspectors and appraisers. Any limitation should be placed in a separate agreement or conspicuously set apart in the context of the contract. The client should initial or sign the provision in addition to signing the contract. Referencing the fact that other providers of the same services are available in the community may be helpful.
hose who represent buyers and sellers must use contract forms promulgated by the Texas Real Estate Commission with few or no changes. Limiting liability in these situations may be impractical or impossible.
The Head case appears to be one of first impression. Subsequent appellate decisions may follow, overrule, limit, distinguish or expand it. In the meantime, real estate practitioners should not attempt to use one of these techniques to mask shoddy performance or representation. Doing so would violate the canons of ethics.

[rstrahan]

Originally Posted by escanlan

If the questions to that answers are "Yes" then the AHJ maintains full liability for "missing that item".

ALL model codes fully indemnify enforcement officials in their first articles. Eg., R104.8 Liability in IRC, 80.29 Liability for Damages in NEC, etc.

I noticed this while looking up those numbers [italics by me]:

NEC 80.13(6) Where the AHJ deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this Code be corrected.

Don't get too jealous until you see what those guys get paid.

RS

[John Cahill]

Interpreting replies.

The concept that a business and client have a right to negotiate liability via a contract is fundamental free trade. Limiting liability to the report fee seems fair if that client can go some where else. After doing this for 22 years I only accept "low hanging fruit" clients. The tough ones who want or even imply a warranty expectation I send to someone else.

Its seems liability is cloaked by hidden rules and expectations. I wonder what would happen if a law stated "The inspector will pay for the repair of any and all items that were visible without limitation for xx years and the Realtor is required to educate the client on that. Now before you answer think about the most proficient inspector you know following up on you. Seems scary on first blush but the real culprit is not the liability but the price you charged. An extreme example is:

Would you accept liability bumper to bumper for 3 years for $50? How about the agents commission (6%). An average priced $180,000 home would have a 10,800 inspection fee. I would give em a bumper to bumper and even change out lights bulbs for that.

In Texas Doctors have a 250,000 limit of liability. I hear some of you desire unlimited liability but then I ask why would the Doctor have to work for you? Patient to Doc "I want you to accept unlimited liability" Doc to patient "Die". That's why Docs are flooding to Texas and patients are following them. Do you want a bad Doc with unlimited liability doing your bypass or the best Doc with a 250k limit? Me? I would give a complete release, buy life insurance and go with the best Doc. I would do the same for my child (skip the life insurance part of it). I am willing to accept risk to have the best . . . even if they make a mistake.

This paragraph is more of a medical insurance rant but many people are going to India and Mexico for surgery because they do not have medical insurance. What liability protection do you have in an Indian morgue? But still, if the choice is death or pain, the people take the chance.

If we clearly specify liability and tell the consumer their rights the pricing will find its own level. Home inspection is a privilege, not a right.

The future of home inspection is insured disposable inspectors working for corporations that buy the work from the referral source. Corporations can defer the liability better and because it only takes 1 to 3 months to create a "Professional Inspector" they are disposable. Gosh I hate to say that after 22 years of doing this. I should have been a doctor . . . . in Texas.

I do hear the question "How do we control quality? What keeps consumers from getting screwed?" I say "very clearly defined and advertised liability". The more liability the higher the product price. Natural selection?

Keep up the comments. I love the diversity of expectations.

[gbeaumont]

ublic policy, according to the court, depends on the relationship of the parties. If there is no disparity in their bargaining power, public policy is not violated, and the provision is enforceable.
In this case, the court found no disparity. The inspector was not the only provider in the area. Head was free to choose another. Also, a board-certified real estate attorney represented Head throughout the transaction.

Hi Michael,

Interesting case, one can't help but wonder how the inspection company would have faired had the buyer not had a real estate lawyer throughout the purchase. This is one of the very few cases that I have ever read where a client was adjudged to have the same bargaining power as the company, it usualy goes the other way, interestly some states such as Massachusetts takes this even further by not allowing any inspection contract to have a limitation of liability clause in it.

Regards

Gerry

[Emmanuel J. Scanlan]

Originally Posted by rstrahan

ALL model codes fully indemnify enforcement officials in their first articles. Eg., R104.8 Liability in IRC, 80.29 Liability for Damages in NEC, etc.

I noticed this while looking up those numbers [italics by me]:

NEC 80.13(6) Where the AHJ deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this Code be corrected.

Don't get too jealous until you see what those guys get paid.

RS

Russell,

Yes I know about the IRC provisions and still do not agree with them, nor any other such provision. Are Code Officials overworked? More than likely in most cases. Are other public servants overworked? Again, more than likely in most situations. Yet it is still their choice to be overworked and their choice to skimp on the inspections and their choice not to "Blow the whistle" so to speak when attempts are made by their superiors to force them to violate their duties and responsibilities.

What all of these public servants have in common is the choice to stand up and just say NO! If that does not work and they exhaust their internal channels/chain of command then they have redress in other forms. Do they need to quit their jobs? Absolutely not, all they have to do is make the problem known publicly after they exhaust all other proper avenues. The problem is that very few of these people are willing to even take a chance of losing their jobs. Instead they ride the wave, play the game and a lot of innocent homebuyers feel the results when their substandard home starts falling apart on them.

In all boils down to the individuals character, specifically their ethical and honest components of their character.

[John Cahill]

Originally Posted by gbeaumont

some states such as Massachusetts takes this even further by not allowing any inspection contract to have a limitation of liability clause in it.

From a prior post above:
"Licensed home inspectors and associate home inspectors must carry errors and omissions insurance in an amount not less than $250,000. Also, a home inspector or associate home inspector may not attempt to limit liability for negligent or wrongful errors or omissions by use of a clause within a performance contract that limits the cost of damages from negligent or wrongful errors or omissions."

That is pretty specific. In Texas a fee for a 2,000 foot slab is about $150 to $300. What is it in Massachusetts?

Don't now how they get insured. Reports must be full of disclaimers.

Interesting.

[John Cahill]

More on Mass. Their SOP are fascinating. They actually require the owner to provide safe access to the roof and crawlspace. They also require to owner, if possible, to operate the air conditioner. very interesting wording.

http://www.mass.gov/?pageID=ocasubto...ctors&sid=Eoca


I could not find where they prevent liability limitations. Must be in a more generic professional section. Will keep looking.