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Arbitration clauses are common in home inspection contracts and have been beneficial for many years. However, as more states implement regulations, the issue arises of not being able to appeal a mistake made in applying the legal standard of care. In arbitration, decisions are typically not appealable, leading to the need to prove fraud by the arbitrator to avoid a mistake. This lack of appeal can be a critical factor in deciding whether to use an arbitration clause. It is important to consult with a legal professional before making a decision.
