Jump to content

HI contract upheld

Recommended Posts

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...