JACKIE ZERJAL and DOUG ZERJAL, Plaintiffs-Appellants, v. DAECH & BAUER CONSTRUCTION, INC., Defendant, and BILL THEISMAN, d/b/a Sure Home Appraisal and Inspection Services, Defendant-Appellee., 405 Ill. App. 3d 907

Summary

Before purchasing an existing house, the homeowners had the property inspected by the inspector pursuant to a contract. The inspection occurred on May 13, 2006, and the homeowners purchased the property on May 31, 2006. The homeowners claimed that the inspector did not inform them that the foundation was insufficient to support the home's load, the underlayment was decayed and structurally unstable, the walls were unstable and unable to support the necessary loads, water was entering the home at the footing and the foundation, the HVAC unit was blowing moist air against wooden components of the house, and the home's electrical system was installed and maintained in an unsafe manner. By the terms of the contract, the inspector's liability was limited to the cost of the inspection, or $ 175. The appellate court ruled that the inspector's limitation of liability clause was not invalid. Also, there were no facts to support the arguments that the two-year limitation was unreasonable or that...