ALL-ENCOMPASSING DISCLAIMER
"This appraisal is neither an offer to buy or sell, nor does it assume any legal responsibility unless agreed upon by the appraiser in writing. We assume no obligation whatsoever, with respect to any action taken on the basis of this report."
I cannot think of any appraisal course, book, seminar, or whatever that embraces the use of such an all-encompassing disclaimer.
However, in Illinois we have a precedent setting case that did state it was up to a jury to decide if it is valid!1
A woman sues appraisers for undervaluing her jewelry which caused her damages. The appraisers argued that " . . . the limitation of liability language on the appraisal is not invalid as against public policy . . . "
The case involved a diamond ring, a sapphire ring, and an alexandrite ring which were stolen in 1987. The woman went to have the jewelry reappraised as per the request of the insurance company in 1982. The jewelry was stolen and she got short changed on the payout.
Her expert appraisers for the woman stated that the appraisals were incompetent and suspect.
The trial court's order on the motion in limine barred the all-encompassing disclaimer in the appraisal and any reference to such language and it was not presented to the jury.
There was no dispute regarding the meaning of the limitation of liability clause. Also, the woman got the appraisal and paid for it a month later. She also had previous appraisals done by the appraisers, and those reports also had the same all-encompassing disclaimer in them.
There is no dispute regarding the meaning of the limitation of liability clause. But the appellate court decided that the question of whether the limitation of liability clause was a part of the contract was a question of fact to be determined by the jury. The case was sent back to the lower court to be retried with the all-encompassing disclaimer and other appraisals timing, et. to be told to a jury. I have no idea what happened with the retrial since it was not published.
Written by Bill Hoefer
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1. 245 Ill.App.3d 512, 615 N.E.2d 25, 185 Ill.Dec. 730 - Appellate Court of Illinois. Back to Text ↑ ↑ ↑
2. Illustrations - IStock.com.
3. Illustration - Antique post card owned by author.