Court Upholds 3-Year Statute of Repose for Suits Against Inspectors

BOSTON - A statute that sets out administrative claim procedures and requirements for home inspectors also provides a three-year statute of repose for lawsuits, a Massachusetts trial court ruled on March 15. Kelly v. Ayer, No. BACV200500123A (Mass. Super. Ct.).

Saying he could find no appellate decisions on the issue, Massachusetts Superior Court Judge Gary A. Nickerson awarded summary judgment to home inspector Michael Ayer, on claims by Brenda Kelly over an Oct. 11, 2001, inspection.

Kelly retained Ayer to inspect a home she later purchased. Ayer's visual inspection did not find any problems in the foundation, chimney or an …