LEGAL: Ask NACHI's Attorney Joe Ferry, Dedicated Thread.

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LEGAL: Ask NACHI's Attorney Joe Ferry, Dedicated Thread.

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jferry
NACHI Member: No
(as of 3/25/07)
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Posts: 478
Posted: Sep 29, 2005 3:06 PM       Post Subject:

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NACHI is pleased to announce a new NACHI service, "Ask NACHI's Attorney Joe Ferry."

I am a graduate of the University of Notre Dame and Temple University School of Law. Prior to becoming NACHI's General Counsel I was a Philadelphia trial attorney for 15 years specializing in professional liability, insurance and other tort claims.

If you have a legal question with regards to the home inspection business, insurance, corporations, law suits, client complaints, or whatever, post it here and I will help you. I have compiled a blue ribbon panel of experts to assist us with this new service.

I'm very happy to be here to help.
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Carla Horne

Grand View Home Inspections
NACHI Member: Yes
(as of 3/25/07)
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Posts: 665
User: chorne
Posted: Sep 29, 2005 3:11 PM       Post Subject:
thanks Joe

that's great!

Carla
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Nick Gromicko
Founder
NACHI Member: Staff
(as of 3/25/07)
NACHI Member
Posts: 7876
Posted: Sep 29, 2005 3:13 PM       Post Subject:
Thanks Joe... this is going to be fun!

icon_biggrin.gif

--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

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Robert Holtz

Attention To Detail Inspections, Inc
NACHI Member: Yes
(as of 3/25/07)
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Posts: 8
User: rholtz
Posted: Sep 29, 2005 3:43 PM       Post Subject:
My dad always told me--if you get into any trouble, make sure you get yourself a good Philadelphia Lawyer. icon_lol.gif
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Peter Ehrenpreis

PKE Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 100
User: pehrenpreis
Posted: Sep 29, 2005 4:17 PM       Post Subject:
Great!

Thanks!

A quick couple of questions: Will this "dedicated thread" be made into a forum on [accessed] through the main message board?

Will it be members only?

Peter
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jferry
NACHI Member: No
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Posts: 478
Posted: Sep 29, 2005 4:35 PM       Post Subject:

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Peter -

Only members can post questions. Any one can read.

Joe
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Joseph Kormos

A-1st Look Home Inspectors Inc.
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 508
User: jkormos
Posted: Sep 29, 2005 4:49 PM       Post Subject:
It is nice to have you on board, welcome
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Michael Jeske

Mikes Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 1
User: mjeske
Posted: Sep 29, 2005 4:53 PM       Post Subject:
joe i have one question i was told by someone that a client can hold you liable for 6 years is that true
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Roy Cooke

Roys Home Inspection
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 1987
User: rcooke
Posted: Sep 29, 2005 7:59 PM       Post Subject:
Joe Does this statement give me some protection on my inspections .

LIABILITY The client agrees and understands that the liability of the company, its employees and agents is limited to the inspection Fee.

PLEASE READ CAREFULLY BEFORE SIGNING

The Client puts in Date and signs next.

I also operate under a limited Company.

I also have very few assets.
-------------------------------------------------------------------------------------
I appreciate NACHI, NICK and you for doing this . Thanks Roy Cooke sr
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rmoore2
NACHI Member: No
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Inactive Poster
Posts: 123
Posted: Sep 29, 2005 8:36 PM       Post Subject:

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Welcome Joe, We need a good Phildelphia lawyer.......
This is an example why NACHI is #1
Thanks, NICK


RM

www.prohomechek.com



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cmccann
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Posts: 1764
Posted: Sep 29, 2005 8:39 PM       Post Subject:

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Mr. Ferry,

Is the NACHI pre inspection as bullet proof as portrayed? Are pre-inspection agreements really just a deterrent? Thanks,

--
NACHI MAB!

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jferry
NACHI Member: No
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Posts: 478
Posted: Sep 30, 2005 3:09 PM       Post Subject:

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Limitation of Liability Clauses

A limitation of liability clause does not release the home inspector from any liability to his client, but instead apportions the potential liability between the parties. Not surprisingly, such clauses are strongly disfavored by the courts because they are generally presented to the client as take-it-or-leave-it contracts of adhesion.

Nevertheless, some courts may uphold limitation of liability clauses where the parties are of equal sophistication and the limitation of liability clause is actually bargained for between the parties.

When contemplating whether to include a limitation of liability clause in your home inspection contract, you should give some thought to the effect it may have on your client?s perception of your professionalism.

Would you engage the services of an architect who had such a clause in his engagement contract? A babysitter?

Moreover, if you are a professionally competent home inspector, monetary damages are likely to be easily eclipsed by attorneys? fees.

So, my feeling is that the benefit to be derived from such a clause in a home inspection contract may not be worth the hit to your professionalism and integrity, especially when it does not insulate you from the costs of defending the suit and when the liability exposure can be handled by errors and omissions insurance which more and more jurisdictions are requiring.

NOTE: The information in this post and all other commentary provided by me in this forum is intended for general information purposes only and does not constitute, nor is it intended to constitute, legal advice.

For legal advice, you should always consult with the appropriate legal counsel in order to determine the laws that are applicable to your specific circumstances.
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jferry
NACHI Member: No
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Posts: 478
Posted: Sep 30, 2005 3:11 PM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
Limitation of Liability Clauses

A limitation of liability clause does not release the home inspector from any liability to his client, but instead apportions the potential liability between the parties. Not surprisingly, such clauses are strongly disfavored by the courts because they are generally presented to the client as take-it-or-leave-it contracts of adhesion.

Nevertheless, some courts may uphold limitation of liability clauses where the parties are of equal sophistication and the limitation of liability clause is actually bargained for between the parties.

When contemplating whether to include a limitation of liability clause in your home inspection contract, you should give some thought to the effect it may have on your client?s perception of your professionalism.

Would you engage the services of an architect who had such a clause in his engagement contract? A babysitter?

Moreover, if you are a professionally competent home inspector, monetary damages are likely to be easily eclipsed by attorneys? fees.

So, my feeling is that the benefit to be derived from such a clause in a home inspection contract may not be worth the hit to your professionalism and integrity, especially when it does not insulate you from the costs of defending the suit and when the liability exposure can be handled by errors and omissions insurance which more and more jurisdictions are requiring.

NOTE: The information in this post and all other commentary provided by me in this forum is intended for general information purposes only and does not constitute, nor is it intended to constitute, legal advice.

For legal advice, you should always consult with the appropriate legal counsel in order to determine the laws that are applicable to your specific circumstances.
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cmccann
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Posted: Sep 30, 2005 4:00 PM       Post Subject:

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Joe Ferry,

This website http://www.abitcoinc.com appears to claim that they are the only state approved HI school and make the comment about license throughout the site. This school is not approved by NY to license anybody, nor are they approved by the state of NY as a home inspection license school according to the new laws. Yet they claim often to be something they are not. Can we as an association police this type of marketing by members?

I know this is all jumbled up, but there is a lot of information on other threads about this. Thanks,

--
NACHI MAB!

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jferry
NACHI Member: No
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Posts: 478
Posted: Sep 30, 2005 4:57 PM       Post Subject:

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You are going to have to be a little more specific. What is it about the site that you believe is untrue? Please give me an exact quote or url.
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cmccann
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Posted: Sep 30, 2005 5:05 PM       Post Subject:

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http://www.abitcoinc.com/serv01.htm


GRADUATE FROM A LICENSED HOME INSPECTOR TRAINING SCHOOL!


The complete Home Inspector Training course includes 12 1/2 days, a full 100 hours of classroom training in compliance with New York State License requirements.


Further down in the list is this....

After completing our course you may be eligible to apply for licensing in New York Our training will prove to be invaluable in most other states as well.

See this thread,

https://www.nachi.org/bbsystem/viewtopic.php?p=168846&highlight=#168846

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NACHI MAB!

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Nick Gromicko
Founder
NACHI Member: Staff
(as of 3/25/07)
NACHI Member
Posts: 7876
Posted: Sep 30, 2005 5:17 PM       Post Subject:
Chuck: What are you saying... that it isn't a "licensed home inspector training school" or that it isn't a licensed school at all.

And why would taking this course make you ineligable to apply for a home inspection license?

And why wouldn't this training be valuable to someone in any state?



Specifically which quote from his website is false?

--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

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cmccann
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Posts: 1764
Posted: Sep 30, 2005 5:24 PM       Post Subject:

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I never said false, I said misleading.

Robert O'conner wrote,

Is ABITC only licensed as a trade school through the NYS Dept of Education (as all private trade schools are licensed)?

Is it approved by the New York State Dept of State (NYSDOS) for the required 140 hours of training to obtain a NY HI license starting 12/31/05?

My understanding is the NYSDOS has NOT approved ANY schools for the license training. In fact I am not aware that the NYSDOS has even published the final guidelines for approval of HI training.


I was seeking legal advice from Joe Ferry, Not Nick the crap house attorney. icon_lol.gif Isn't this fun?

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Joseph Hagarty

HouseMaster
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3988
User: jhagarty
Posted: Sep 30, 2005 5:31 PM       Post Subject:
Chuck:

ABITCO has already modified their website.

This is what appeared on the site September 25....

jhagarty wrote:
http://www.abitcoinc.com/news.htm

?As of March 9, 2005 ABITCO was provided with the only Home Inspector Training License to teach potential Home Inspectors in the state of New York by way of a 100 hour classroom instruction program.?

They claim to be the Only Licensed School presently in New York.

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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cmccann
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Posted: Sep 30, 2005 5:35 PM       Post Subject:

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gromicko wrote:

And why would taking this course make you ineligable to apply for a home inspection license?



And how does it make you eligable?

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NACHI MAB!

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