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HI contract upheld


kurt
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Recent judgment re: inspectors contract with limitations of liability (and other things) upheld.....

Contracts 5th Dist.

http://www.state.il.us/court/opinions/A ... 100066.pdf

5thDistrict/December/5100066.pdf , No. 5-10-0066 (December 1, 2010) St. Clair Co. (WELCH) Affirmed.

Plaintiff homeowners filed breach-of-contract claim against home inspector, who inspected home which they later purchased from construction company. That home inspector presented a two page pre-printed contract to sign is insufficient to hold unconscionable the contract or its terms, including liquidated-damages provision. Home inspector's limitation-of-liability clause is not invalid and not against Illinois public policy. Contractual provision of two-year limitation, from date of inspection, to pursue action is not unreasonable, and is valid and enforceable. Trial court properly dismissed with prejudice Plaintiffs' claims against home inspector.

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Interesting - this is one of my local competitors. I remember another thread on this same case a few years ago and I drove by the house and took / posted some pictures of it.

I always see the 2 years clause in PIA and wondered where that number came from. I made mine 1 year - I figured 1 year is long enough to find a problem that I did not find in 2 hours.

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