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.

 
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7 Comments on Real estate agents held harmless.

OCT
06
2008

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!

3:53pm • #1
OCT
07
2008

So Michael, do you carry E&O Insurance? My policy imdemnifies the agent. Seems like pretty good protection to me.

7:43pm • #2

I may drop mine. I think the cost is not worth it. it costs $3,000 for the policy and then there is a $1,000 deductable. So I am out $4,000 right off the bat. Plus the insurance company is going to force the client to sue, then they will offer to settle for the repair or replacemt of the item, I pay the first $1,000, then they pay the difference. I can cover most items myself. If i miss something that costs more than that, then I should get out of the business.

How many things will cost more than $5,000? I can see a roof costing much more, but if you do your job you shouldn't miss a roof in that bad a shape. My contact indemnifies the realtor.

7:59pm • #3

Good points! I have it because I sleep better at night, but you are correct, economically it may  not make sense. That $300 per month is tough to pay when things are slow.

9:18pm • #4

I forgot to mention, there are a few things I would rather the lawyers handle, such as mold issues. Don't forget that your E&O covers legal defense as well as actual repairs.

9:22pm • #5

The lawyers for the insurance company do what is good for the company, not you. Whatever costs them less is the way they will go. You cover the rest.

10:19pm • #6
OCT
13
2008

Dear Michael,

I came across your BLOG by researching a similar concern raised by a group in Orange County, California.  They were seeking our assistance and we did as we promise!

The mission of our company is to shield people and businesses from things such as frivolous lawsuits.  I am certain we can help you and your fellow Bloggers.

Please feel free to peruse our company website located at:  www.HeldHarmless.com

If I can help you or your members in any way, please have them email me at: information@HeldHarmless.com and put "ATTENTION THOMAS" in the subject line.

I am happy to help.

Respectfully submitted,

HELD HARMLESS

T. Richards, Member Representative

Thomas Richards
10:15am • #7

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Michael Merino-Orland Park Ill Home Inspector

Oak Forest, IL

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Merino's Home Inspection & Education Inc.

Address: Oak Forest, Illinois, 60452

Office Phone: (708) 535-6057

Cell Phone: (708) 612-6679

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Orland Park home inspector performs home and condominium inspections in Orland Park, Tinley Park, New Lenox, Frankfort, and Palos Heights. Home inspections and Radon testing. Oak Forest home inspector performs home and condominium inspections in Oak Forest, Oak Lawn, Crestwood, Mokena and Palos Hills. Home inspections and Radon testing.


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