Joe Ferry Mailer

Law & Disorder: Survival Strategies for the Professional Home Inspector
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
In a Litigation Nation

Course Schedule

* 9:00 - 10:20 Examination of our litigious national culture and how an educated, sophisticated population that knows its legal rights and the avenues available to redress wrongs, both real and perceived, contributes to it.

* Examination of how our overarching national litigious culture manifests itself in the context of a residential real estate transaction. Financially strapped and aggrieved home buyers operate in a target rich environment in which to bring claims. There are multiple possible defendants - the home seller, the seller's agent/broker, the buyer's agent/broker and the home inspector - who can be called to account.

* Examination of our legal system, available tribunals, parties, tort claims, contract claims, counter-claims, cross-claims and defenses.

* Examination of the anatomy of a lawsuit, the Complaint, the Answer to the Complaint and the Defendant's Affirmative Defenses, Claims against Co-Defendants and Third-party Defendants.

* Q & A

* 10:20 - 10:35 - BREAK

* 10:35 - 11:55 Examination of the legal process: choice of forum - arbitration, small claims court, courts of original jurisdiction; the discovery process - document discovery, depositions, the role of expert witnesses, the expert discovery process.

* Examination of what to do if you are named as a defendant in a lawsuit. How to select a lawyer if you are not insured, how to work with your insurance defense lawyer if you are insured.

* Going it alone in small claims court.

* Examination of pre-emptive measures available to thwart the truly frivolous claim. How to establish foundational defenses pre-emptively by managing client expectations.

* Examination of the Pre-Inspection Agreement: First line of defense. Limitation of Liability Clauses. Enforceability of such clauses. Effect of such clauses on perceived professionalism.

* 11:55 - 12:10 - BREAK

* 12:10 - 1:30 Examination of your SOP: Second line of defense.

* Examination of the Inspection Report and its Disclaimers: Third line of defense.

* Managing risk via Professional Liability [Errors and Omissions] and General Liability Insurance. Coverage and Exclusions.

* Q & A

* END OF SEMINAR

Joe Ferry, Esq.

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Porter Valley Software will give anyone who attends this Seminar a full tuition credit toward the purchase of its InspectVue Reporting Software.

This course is approved for 4 NACHI CEUs, 4 ASHI® Membership Renewal Credits, 4 Massachusetts and 4 New Jersey State CEUs.