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How long to be liable?


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I got a sort of a complaint from a client. I inspected her house 8.5 years ago. She does have a very, very insignificant mold problem, but some mold-for-gold folk are telling her to scream bloody murder. I have no idea if this was an issue 8.5 years ago; heck, I'd probably brush it off as a non-issue if it came up tomorrow.

Anywho, I know things vary state to state, but 8.5 years later??? Is there some sort of *generally accepted* time limit regarding such a complaint. I've been trying to be of real help and calm her fears with the truth about her very slight issue, but again, the mold troops are trying to rally her up, and I'm getting to the point of just telling her to go away and quit calling me.

8.5 years after the fact?

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I got a sort of a complaint from a client. I inspected her house 8.5 years ago. She does have a very, very insignificant mold problem, but some mold-for-gold folk are telling her to scream bloody murder. I have no idea if this was an issue 8.5 years ago; heck, I'd probably brush it off as a non-issue if it came up tomorrow.

Anywho, I know things vary state to state, but 8.5 years later??? Is there some sort of *generally accepted* time limit regarding such a complaint. I'm trying to generally be of real help and calm her fears with the truth about her very slight issue, but again, the mold troops are trying to rally her up, and I'm getting to the point of just telling her to go away and quit calling me.

8.5 years after the fact?

It depends on your state. Some states spell it out in the home inspection license law. In TN it is not spelled out right now. But it has been held up in court that the length of liability in my state is 3 years after a reasonable amount of time for the discovery of the problem. This amounts to right at 5 years in TN. We are trying to get that down to 1 year!

At 8.5 years I just can't see you still being on the hook. I would express my concern for her problem and tell her that you can't be responsible for some that occurred 8+ years after you inspected the house.

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My state doesn't have a statute of limitations on this kind of thing; at least I've never heard of one.

I have it in my contract; they've got a year to complain to me about anything they think is a performance issue. After that, I'm not liable for it any more.

I had a couple less than two years ago that bought a house that was brand new. The ventilation system wasn't functioning properly. Six months after they bought it, they hired me to look at it because she was having sinus problems and she had known allergies to mold and dust. The underside of the roof in the attic looked like it had been painted with kelly green paint! It took six months for that to grow.

8-1/2 years after the fact, I'd tell her that she and her house need to go to couples counseling. [:-dev3]

ONE TEAM - ONE FIGHT!!!

Mike

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8-1/2 years after the fact, I'd tell her that she and her house need to go to couples counseling. [:-dev3]

Mike

[:D]I don't know what that means exactly but it made me laugh.

8 1/2 years later, give me a break. I have a feeling that no lawyer is going to take this unless that lawyer gets pay up front.

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I think it is 5 years in Illinois. That is why we are required to keep the reports for 5 years.

That said my lawyer cousin Vinny says you can always sue. What the heck?

This occurred before Illinois licensed us. Not sure such would be retro-active. Was hoping there was something else I could fall back on if I was pushed. Thanks, though.

("My cousin Vinny" ?)

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It's screwy in Kentucky. The professional-liability Statute of Limitations is five years, but someone has one year to file a lawsuit from the date of discovery. That said, the five year rule isn't adhered to by judges as firmly as is the one-year rule. And as I've said before, the judges have to view any motion to dismiss in the light most favorable to the plaintiff.

It's a whole other topic, but the judges seem more intent upon letting people have their day in court rather than enforcing the rule of the law.

Like Vinny says, if someone wants to cause you problems, she can.

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I think it is 5 years in Illinois. That is why we are required to keep the reports for 5 years.

That said my lawyer cousin Vinny says you can always sue. What the heck?

This occurred before Illinois licensed us. Not sure such would be retro-active. Was hoping there was something else I could fall back on if I was pushed. Thanks, though.

("My cousin Vinny" ?)

Check out the "uniform commercial code"

From what I understand the UCC is kind of the fall back for a federal standard for business transactions, especially the ones that don't have any specific local regulations.

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