Alabama House Bill HB275

Alabama 2022 Regular Session

• Introduced: 2/8/22
• Refer: 2/8/22

Caption

Home inspectors, limitations period or liability, provided, Sec. 34-14B-11 added; Sec. 34-14B-3 am'd.

Impact

This legislation impacts state laws related to home inspection by explicitly stating the legislative intent regarding liability constraints. Home inspectors are required to submit proof of insurance, but importantly, the bill seeks to confirm that this requirement should not interfere with agreements they may have concerning limiting their liability. This can provide clarity and potentially encourage more practitioners to enter the field by reducing fears of liability based on existing contractual arrangements.

Summary

House Bill 275 aims to clarify the intention of the Alabama Legislature regarding limitations of liability for home inspectors. The bill amends Section 34-14B-3 of the Code of Alabama to ensure that the requirement for home inspectors to secure liability and property insurance does not imply a public policy of disfavoring contractual limitations of liability. This means that home inspectors can still limit their liability through contracts with their clients.

Contention

Notable points of contention surrounding HB275 may revolve around the implications for consumer protection. Critics might argue that allowing home inspectors to limit their liability through contracts could potentially undermine the recourse available to clients if inspectors fail to perform adequately. Supporters of the bill, however, contend that such provisions are necessary to foster a fair operating environment for inspectors who assume significant financial risks in their business operations. This legislative move appears to address both industry concerns and legislative intentions to streamline operational guidelines for home inspectors.