It would help only in the sense that the "searcher" would limit their personal liability. Frankly, I think anyone who works in this business otherwise is setting themselves up for disaster. No matter how thorough someone is, the potential liability is enormous, if they were to miss something. We are all human! On the disclaimer note: we do have a disclaimer on all of our searches, but they pretty much are not enforceable here in CT. As Kevin had mentioned, it needs to be in your contract with your client. which most are not. In any event, there are measures you can take as to risk management.
1. Do your job as if you were the client. If you question something, ask questions, if it still does not make sense, investigate some more and ask more questions. If you don't feel comfortable about the search result, why would your client?
2.Limit your personal liability, by forming a business entity.
3. Make sure you have E&O insurance, maintain a policy that fits the type of searches that you do. We maintain a min. of $1,000,000.00 in some parts of the country you may want to go higher or lower depending on the types of property involved.
4. Once again if you question your own search, at least put the client on notice of potential defects. If you don't find them, perhaps working with them will.
I wish a Happy Holiday to everyone and look forward to meeting many of you in Dallas.
Yours,
Robert Breakell
bsgct@snet.net
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