Ill. Appeals Court Affirms Validity of Inspectors' Exculpatory Clause

CHICAGO - A clause limiting a home inspector's liability to the fee paid for the inspection does not violate Illinois public policy, the Appellate Court of Illinois has ruled. Zerjal, et ux. v. Daech & Bauer Construction, Inc., et al., No. 5-10-0066 (Ill. App. Ct., 5th Dist.).

In a Dec. 1 opinion, the Fifth District Appellate Court of Illinois concluded that the circumstances did not fit the narrow criteria for finding a contract provision unenforceable for public policy reasons.

Jackie and Doug Zerjal sued Daech & Bauer Construction Inc. and home inspector Bill Theisman (d/b/a Sure Home Appraisal and …