Summary Judgment Granted in Real Estate Professional Liability Case
Jul 13, 2022
Dallas associate Robert Boone obtained a Motion for Summary Judgment in a professional liability case involving a home inspector and the plaintiff, who was the home buyer. The home buyer sued the home inspector after alleging undisclosed defects in the home, which they claimed resulted in significant repair costs.
However, the inspection agreement between home buyer (Plaintiff) and home inspector (Defendant) contained a limitation of liability provision, which limits inspector’s liability to the amount of the inspection fee. Robert filed a Motion for Summary Judgment to enforce this provision, which the court granted and limited inspector’s liability to plaintiff, if any, to the amount of the inspection fee.