How many real estate agenst out there have been sued because the inspector missed something?
In my opinion:
One way to avoid this is to ask your inspector if they have a "Hold Harmless" clause in their contract. Many home inspectors including myself have added this clause to protect the real estate agents. If I miss something, the agent should not be responsible. It was my mistake, not theirs. This is an easy way to let the realtor know that the inspector "owns" his/her mistakes.
Another way to avoid suits is to have a clause that states arbitration will be the first course of action before a suit can be filed. The BBB will provide arbitration to members. Most of the time the arbitration will resolve the issue.
Also, The inspector having E&O insurance may not be the best protection for anyone. Most Home inspectors limit their liability to the fee paid for the inspection. Errors and Omissions insurance companies usually require you to file a lawsuit against the inspector. Since most of these lawsuits are too big for small claims and too small for an attorney to take as a "commission-only" case, your client will probably be left paying for the repairs. If I miss something, and I am allowed back to the property to inspect it again, and I find that I messed up, I get my checkbook out and I pay for the mistake.
My point is this: Insurance is not the only, or always, the best tool to protect the agent, client, or inspector.
Micheal, I agree wholeheartedly, this is the same as we have in Stagers across the country. Who is protected, licensed, setting the standards etc...? I have diligently stated that there will be and need to be governing over Stagers the same as Inspectors, however, we can only encourage those that actually took a course to submit to Limited Liability Insurance.. It is critical, yet a real estate professional acting as a Stager without E&O, offered for Stagers, they are increasing their liabilities to not only themselves but also to their Brokers.
I know insurance is not the only means of protection, yet E&O will not be the answer for all real estate issues. There needs to be accountability to the client and the agent and the Stager as well as the inspector. No different than an addendum drawn up and stating the approval, spelled out in detail.
Thanks for the post!