Georgia Supreme Court Overthrows Wrongful Death Claim Against Home Inspector

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Georgia Court Overturns Death Claim Against Inspector

In a landmark decision, the Georgia Supreme Court has overthrown a wrongful death claim against a home inspector after a retaining wall collapsed, causing the death of Albert Omstead in 2021. The Georgia Supreme Court ruled unanimously that the one-year statute of limitations in the inspector’s contract did not violate state law on hold-harmless provisions.

After two years of litigation, the Georgia Supreme Court concluded that the contract’s limitation was enforceable, dismissing the claim brought by Omstead’s widow, Jessique.

She argued the inspector, James Golden, had failed to identify defects in the retaining wall. However, the Georgia Supreme Court sided with Golden, pointing to the importance of contract clarity. The ruling by the Georgia Supreme Court underscores the necessity for home inspectors to maintain robust pre-inspection agreements. This decision marks a significant legal precedent, as the Georgia Supreme Court emphasized that such contractual limitations must be upheld.

The Georgia Supreme Court ruling also highlights the need for homebuyers to be fully aware of contractual terms. As a result, the Georgia Supreme Court continues to enforce contracts as written, regardless of the tragic circumstances. The decision by the Georgia Supreme Court shows its firm stance on legal obligations, stressing that both parties must adhere to the agreed terms. The Georgia Supreme Court’s interpretation of this case will likely influence future contract disputes, making it clear that the Georgia Supreme Court prioritizes contract enforcement.

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Park City Realtors Drop NAR Rule

Inman News has reported that the Park City Board of Realtors in Utah is taking a significant step in the ongoing debate over the National Association of Realtors’ Clear Cooperation Policy. In an email to members dated October 3, CEO Jamie Johnson announced that the board would no longer enforce the controversial policy, which mandates that listing brokers submit properties to their local MLS within one business day of public marketing.

The decision marks a notable departure from the national standard, as many in the real estate industry remain divided on the policy since its introduction in 2020. The Park City Board of Realtors had previously communicated their position to NAR in August, stating that they would wait for NAR’s Policy Committee to discuss potential changes before making any formal announcements.

Johnson emphasized that while the board won’t be enforcing the Clear Cooperation rule, their existing MLS policies still require agents to submit listings unless they have a signed right to withhold form from sellers. This move comes amid broader scrutiny of NAR’s policies, with the Department of Justice also involved in ongoing legal challenges against the organization.

As of the end of 2023, the Utah MLS had 1,789 subscribers.

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Rising Rents Strain U.S. Households

And finally, despite a long-standing preference for homeownership, the rental sector has become essential for those seeking flexibility or priced out of the housing market. Recent data from Zillow shows median rents have surged significantly, with multifamily units up 26% and single-family homes up 41% since early 2020.

The shift to suburban living has driven this increase, alongside accusations of institutional landlords capitalizing on the demand. Currently, about 35% of U.S. households rent, with the largest demographic being those aged 30-44. Many renters are “renters by necessity,” facing financial barriers to homeownership, with median incomes for rental households significantly lower than for homeowners.

As rents continue to rise, nearly 50% of renters now spend more than 30% of their income on housing, leading to a rise in cost-burdened households. In response, various forms of rent control are gaining traction across the country, despite potential downsides like limiting new developments.

Recent trends indicate a slight rise in vacancy rates, suggesting a shift towards a tenant’s market, but experts warn this could be temporary. Looking ahead, the balance between supply and demand in rental housing will be crucial as developers adjust to ongoing economic changes.

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