I think there is a difference that depends on the type of disclaimer. There is no harm in clarifying what one is liable for in a disclaimer - such as in the one Scott uses, which is appropriate. Or one of the examples that David provided. However, the ones that limit the amount of liability to the amount paid for the search, in my opinion, are inappropriate. Abstractors should be liable for their negligence. However, not every claim is caused by the negligence of the abstractor and where that line is drawn is the proper use of a disclaimer.
Best,
Robert A. Franco
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