Exculpatory Clauses applicable to or for appraisers?

[rcsone]

Recently someone on the Forum asked about limiting liability to amount of fee by prose in their limiting conditions or wherever. At that time I responded "could not do" with further explaintion to follow when found. Since that time I have lost the thread, so hopefully here is enough to allow research for positional or understanding satisfaction. Of course, the heading can be internet seached. Exculpatory Clauses limit liability to the cost of the service. But the DC Court of Appeals has stated, ".....they cannot be enforced to avoid liability for being negligent..." and "....therefore....holds licensed professionals accountable...". Other smaller courts have also confirmed. So, if fault can be found or imagined, liability follows the performance.......best to all.....rs

 

[Carnivore]

Is this something like you are talking about? I think this is an excellent article on this issue.

http://www.beckerpoliakoff.com/pubs/articles/lesser_s/lesser_fbj_1199.pdf

THE GREAT ESCAPE

How to Draft Exculpatory Clauses That Limit or Extinguish Liability

Eculpatory clauses extinguish or limit liability of a potentially culpable party through the use
of disclaimer, assumption of risk and indemnification clauses as well as releases of liability. For decades, Florida courts have wrestled with issues relating to the enforcement of exculpatory clauses where liability arises from personal injury, real estate, construc-tion, and commercial disputes.

These provisions gain significance as parties seek to shift the monetary risk of business transactions to others. Frequently these clauses are showcased in contractual agreements involving common carriers, promoters of sporting events, providers of design/construction services, and among participants to e-commerce transactions. As lawyers, we constantly draft and interpret ex-culpatory clauses hoping that the product of our efforts will withstand judicial scrutiny. Recognizing that the eco-nomic stakes often are high, counsel must be aware of the pitfalls associated with the drafting and interpreta-tion of such clauses. These issues should be of enormous interest to lawyers because when the deal goes sour, dis-gruntled clients may seek to recoup their losses by challenging the lawyer’s advice through claims for legal malpractice.

 

[rcsone]

......in summation, whether stated or not there is no protection of "paper" from the publics' opinion of liability due to the label of "expert" worn and charged for by an appraiser . . . . . . . best to all............rs

 

[Carnivore]

......in summation, whether stated or not there is no protection of "paper" from the publics' opinion of liability due to the label of "expert" worn and charged for by an appraiser . . . . . . . best to all............rs

What did you just say? This looks like your quoting something out of context, even though there are no quotation marks.

Maybe...... this is ....... or just bits and pieces of your...... thoughts