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Arbitration clauses are commonly found in home inspection contracts and have been beneficial over the years. However, as states enact more regulations, the legal standard of care becomes crucial; individuals want the ability to appeal mistakes related to this standard. In arbitration, decisions made by arbitrators concerning law, evidence, and testimony are generally not appealable, except in very limited circumstances. Consequently, the only way to contest a mistake of law in arbitration is to prove fraud, which is exceedingly rare. The inability to appeal is a significant factor to consider when deciding on the use of an arbitration clause. It's also advised to consult with your legal counsel regarding this matter.
