|
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
|

Home
Course
Schedule
Register
Online
About
Joe
Contact
Joe
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.
|