Limiting liability in Wisconsin

[Bruce A. Cargin]

Greetings,
First let me introduce myself, I am Bruce Cargin and I live in Hastings, MN. Quick Bio - I'm 47, wife two kids, have been a licensed contractor since '98 specializing in the "handyman" end of the business, I have been thinking of getting into home inspections for several years now and have finally decided to jump. So, normally I would lurk for a few weeks before posting to any list but at Nick's prompting I'm asking the following.

While preparing to test for my Wisconsin license I ran across section 440.976 which states:

440.976 Disclaimers or limitation of liability.

No home
inspector may include, as a term or condition in an agreement to
conduct a home inspection, any provision that disclaims the liability,
or limits the amount of damages for liability, of the home
inspector for his or her failure to comply with the standards of
practice prescribed in this subchapter or in rules promulgated
under this subchapter.

History: 1997 a. 81.

440.977 Liability of home inspectors. (1)

Notwithstanding
s. 893.54, an action to recover damages for any act or omission
of a home inspector relating to a home inspection that he or she
conducts shall be commenced within 2 years after the date that a
home inspection is completed or be barred. The period of limitation
under this subsection may not be reduced by agreement.

(2)

A home inspector is not liable to a person for damages that
arise from an act or omission relating to a home inspection that he
or she conducts if that person is not a party to the transaction for
which the home inspection is conducted.

History: 1997 a. 81.

To me this states that I can not put language in my contract to limit my liability. Is that correct or am I reading something wrong here?

Thanks,

Bruce Cargin
Hastings, MN

[Michael Larson]

Welcome aboard Bruce.

Even if the language is in your PIA the Wisconsin law invalidates limitation of liability it so it would be thrown out if suit was brought against you. You may want to keep it in even though it would be invalid. Consult with your legal advisor in any case.

There is a lot to learn here so visit often. Ask questions and help when you can.

Have you taken the NHIE yet?
It is required for licensure/registration in WI.