inspection contracts

Arbitration Clause Deemed Unconscionable

by jfarsetta on Sep 17, 2009

Arbitration Clause Deemed Unconscionable on Appeal Enforceability Overturned by Mississippi Supreme Court   Find Out Why…     Many times, in an effort to afford ourselves the maximum protection permitted by contract law, inspectors include everything but the “kitchen sink” in their inspection agreements. In this particular case, and in addition to some unforeseen consequences in the follow-on processes associated with the arbitration clause, one inspector found himself forced back into court.   Arbitration clauses are generally thought of as enforceable within common contracts. Many contracts contain arbitration clauses, and most folks don’t give them a second glance. Such was the case of a Mississippi inspector and his client in 2003. In the case at hand, the inspector spoke to his clients via telephone, discussed the inspection process and services offered, and agreed on a price. A time and date was set to...Read More >>