That seems like a very broad disclaimer.  Don't you think that you should be liable for some things... missing a properly indexed mortgage, negligently providing incorrect tax information, etc?  I'm really torn on this issue.  On one hand, I don't think most of our clients are paying us enough to accept the liability.  But, on the other hand, if we do our jobs well, those things shouldn't happen. 

The client is hiring you for your expertise to ensure that they have the information to avoid title claims.  If you don't provide accurate information, shouldn't you have some responsibility?

Also, if you have E&O insurance and you provide that to your client (as most require), your disclaimer may not be effective.  It sends mixed signals.  On one hand you are saying that you are not liable.  On the other, you are telling them that you carry E&O insurance that provides coverage for such claims. 

Maybe a limited liability disclaimer would be appropriate, but a complete disclaimer of all liability just seems to be too much for me.  We don't use a disclaimer, but I occasionally consider it.  At this point, I'd rather send the message that we are better at what we do and carry E&O insurance that backs up the quality of our work.  We have never had to file a claim, but if we do we are covered.

Best,
Robert A. Franco
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