Legal Issues for the Home Inspector Course

Harrisburg, PA Friday January 12, 2007 Marriott Courtyard Harrisburg Hershey, http://marriott.com/property/propertypage/harcy
Pittsburgh January 13, 2007 at Marriott Courtyard Pittsburgh West Homestead/Waterfront, http://marriott.com/property/propertypage/PITHW
Albany January 19, 2007 at Marriott Courtyard Saratoga Springs, http://marriott.com/property/propertypage/albss
Boston January 20, 2007 at Marriott Boston Quincy, http://marriott.com/property/propertypage/BOSQU

Each event is held from 8:30am to 1:30pm.

Cost is $99.00 if registration is made by December 22, 2006, $125.00 thereafter. Seating is limited to 50, so please register early to reserve your seat.

RSVP Joe at josephferry@mac.com and let him know which event you are planning to attend.

Joe Ferry

InterNACHI legal counsel.

This course is designed to give the Home Inspector an overview of the legal and insurance issues that the Home Inspector is likely to encounter in the conduct of his or her business. Students will be introduced to basic concepts and doctrines in Contract Law, including legal grounds for enforcement of promises, the role of consent in contract formation, contract remedies and interpretation and enforceability of popular clauses in Home Inspection Pre-Inspection Agreements; and Negligence Law, including the concepts of duty, reasonable home inspector standard, breach of duty, causation, damages and defenses; as well an overview of Professional Liability [Errors & Omissions] Insurance, including insuring agreement, prior acts [retroactive] coverage, extended reporting period [tail] coverage and how to handle a potential claim.

Course Outline

HOUR ONE

8:30 - 9:00

Examination of our litigious national culture and how an educated, sophisticated population that knows its legal rights and the avenues available to redress wrongs, both real and perceived, contributes to it.
Examination of how our overarching national litigious culture manifests itself in the context of a residential real estate transaction. Financially strapped and aggrieved home buyers operate in a target rich environment in which to bring claims. There are multiple possible defendants - the home seller, the seller's agent/broker, the buyer's agent/broker and the home inspector - who can be called to account.
Q & A

9:00 - 9:30

Examination of our legal system, available tribunals, parties, tort claims, contract claims, counter-claims, cross-claims and defenses.
Q & A

HOUR TWO

9:30 - 10:00

Examination of the anatomy of a lawsuit, the Complaint, the Answer to the Complaint and the Defendant's Affirmative Defenses, Claims against Co-Defendants and Third-party Defendants.
Q & A

10:00 - 10:30

Examination of the legal process: choice of forum - arbitration, small claims court, courts of original jurisdiction; the discovery process - document discovery, depositions, the role of expert witnesses, the expert discovery process.
Q & A

HOUR THREE

10:30 - 11:00

Examination of what to do if you are named as a defendant in a lawsuit. How to select a lawyer if you are not insured, how to work with your insurance defense lawyer if you are insured.
Going it alone in small claims court.
Q & A

11::00 - 11:30

Examination of pre-emptive measures available to thwart the truly frivolous claim. How to establish foundational defenses pre-emptively by managing client expectations.
Examination of the Pre-Inspection Agreement: First line of defense. Limitation of Liability Clauses. Enforceability of such clauses. Effect of such clauses on perceived professionalism.
Q & A

HOUR FOUR

11:30- 12:00

Examination of your SOP: Second line of defense.
Examination of the Inspection Report and its Disclaimers: Third line of defense.
Q & A

12:00 - 12:30

Managing risk via Professional Liability [Errors and Omissions] and General Liability Insurance. Coverage and Exclusions.
Q & A

Continuing Education:

This course counts for 4 hours of continuing education: http://www.nachi.org/cont_education.htm

Contact Joe:

For more information contact Joseph Ferry:

Law Offices of Joseph Ferry
Box 34
Flourtown, PA 19031

or

Two Penn Center Plaza

Suite 200

Philadelphia, PA 19102

phone: (215) 854-6444
fax: (215) 243-8202
legal@nachi.org

Ask Joe Ferry: http://www.nachi.org/forum/showthread.php?p=1317

Joe Ferry is an experienced trial lawyer and a member of InterNACHI's Standards of Practice Committee.

Related Links:

InterNACHI's Standards of Practice: http://www.nachi.org/sop.htm

InterNACHI's agreement between inspector and client: http://www.nachi.org/newagreement.htm

InterNACHI's Client Satisfaction Survey: http://www.nachi.org/survey.htm

Coming soon!

January 26 - Richmond, VA

January 27 - Baltimore, MD

February 2 - Jacksonville, FL

February 3 - Ft. Lauderdale, FL

February 9 - Naples, FL

February 10 - Tampa, FL

February 16 - Palm Springs, CA

February 17 - San Diego, CA

February 23 - Tallahassee, FL

February 24 - Pensacola, FL

March 2 - Scranton, PA

March 3 - Hartford, CT

March 9 - Dallas, TX

March 10 - San Antonio, TX

March 15 - Atlanta, GA

March 16 - Savannah, GA

March 23 - Memphis, TN

March 24 - Nashville, TN

March 30 - Binghamton, NY

March 31 - Tarrytown, NY

All of the venues are Marriott Courtyards that feature free parking and are easily accessible to major highways.

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