House inspector negligence liability greater than contract amount

A Kentucky court recently found that a negligent home inspector could be held liable for an amount greater than that initially agreed to between the parties by contract.

In this case, the contract limited the inspector’s liability for negligence to $200, the cost of the inspection. The court refused to enforce this provision in the contract, finding to do so was against public policy.

Although this decision is not binding on Louisiana courts, could it be the beginning of similar holdings in Louisiana and other states?

Practical Tips:

Buyers and realtors representing buyers:  Be advised that there may be recourse against negligent home inspectors.

Home Inspectors:  Talk to your insurance agent about possible insurance coverage for these services.

Print Friendly
Lydia J. Alford

Lydia J. Alford

Alford & Alford is a father-daughter law partnership of William C. “Neil” Alford and Lydia J Alford. Over his 43 years of experience, Neil has handled simple and complex, residential and commercial real estate matters. Lydia’s 26 years of experience gives her the ability to offer well-rounded pragmatic solutions to varied civil legal issues.
Lydia J. Alford
Lydia J. Alford

Latest posts by Lydia J. Alford (see all)