what kind of lawyer to sue a home inspector

Can you sue a home inspector?

Aug 24, 2020 · Note: If the home was a new build and the inspector missed an issue, you may be able to sue the home builder or construction company after the sale. A Note for Home Sellers Suing a Home Inspector There have been cases where sellers sue home inspectors because the report caused the buyer to walk away from the sale.

Do I need a lawyer for a home inspection fraud case?

The key, however, is that the seller must have known about these material defects at the time of sale, and failed to disclose them to you. Read more about Suing the Home Seller. Legal Claims Against the Property Inspector. There are multiple legal theories upon which you could sue the home inspector.

Can a seller sue a builder after buying a house?

Oct 09, 2020 · If you need to sue a home inspector, you should consult with a qualified real estate attorney. Your attorney can evaluate your case and help you determine if fraud has occurred. Your attorney can provide you with advice and assist you in obtaining the appropriate award or remedy for your situation. Jennifer Corbett.

Do I have legal claims against my Inspector?

Dec 29, 2020 · The inspector should have supplied the buyer with a comprehensive written report, which the buyer then reviewed and accepted before proceeding to the closing. If, however, the inspector's report left off important things, the home buyer has valid reasons to be frustrated. In fact, the buyer can potentially sue the inspector.

Can you sue a home inspector in California?

The simple answer to whether or not you can sue a home inspector for negligence is yes. If they failed to find something that caused you or another resident harm, legal action is an option.Dec 16, 2020

Can you sue a home inspector in New York?

While New York courts have ruled that you may not sue the inspector directly under these licensing regulations, you may point to a violation of the regulations as evidence of negligence in a lawsuit against your home inspector (see below for a description of possible negligence claims).

Can you sue a home inspector in BC?

CBC News found only one case in B.C. where a homeowner successfully sued a home inspector. In that case, the homeowner was awarded $192,000. One lawyer who specializes in construction law cases told CBC News they advise clients to take inspectors to small claims court, where the award is capped at $25,000.Feb 21, 2013

Can you sue a home inspector in PA?

If they knew about a problem and didn't disclose it before the sale, you may be able to sue them. An experienced real estate attorney in Pennsylvania and West Virginia can answer your questions and help you recover compensation.Oct 23, 2019

Is mold a latent defect?

Latent defects or Hidden Damage are defects to a property that are not generally discoverable by a prospective purchaser on a reasonable inspection and ordinary vigilance. This can include issues such as, faulty electrical wiring hiding behind the walls or a well-hidden termite or mold problem.Oct 11, 2019

Can you sue a home inspector in Texas?

Yes, you can sue your home inspector. Whether you have a good case depends on what they did and how it caused you harm. Home inspectors are impartial third parties who often deliver bad news to prospective home sellers and home buyers — which can cause complaints.Aug 24, 2020

Are home inspectors liable in Alberta?

Home inspectors owe both a contractual duty of care (and their contracts often have waivers which is a whole other issue- you can read our article about waivers here: https://www.flodenward.com/post/alberta-law-waivers .Nov 22, 2020

Are home inspectors regulated in BC?

British Columbia requires mandatory licensing for home inspectors. Home inspectors operate under a legal framework provided by the: Business Practices and Consumer Protection Act and. Home Inspector Licensing Regulation.

Are home inspectors regulated in Alberta?

The home inspection profession is regulated in Alberta.

How long does it take to become a home inspector in Ohio?

80 hoursTo apply for your Ohio Home Inspector's License, the Ohio Division of Real Estate and Professional Licensing requires you to complete 80 hours of approved home inspector education, via an online setting or a classroom/Livestream setting.

What does it mean when you hire a home inspector to evaluate your home?

The home inspector would have issued a report, perhaps saying that the house was basically sound, with all its major parts and systems in working order. You confidently purchased the home.

What happens if you don't disclose a material defect?

In most states, sellers can face liability if they fail to disclose a material defect with the home that they knew about at the time of sale. A material defect is not something minor, like chipped paint in the garage; rather, it's something like a termite problem or a collapsing roof.

What is an exculpatory clause?

An important note of caution before you run to court: Many home inspectors limit their legal liability within the contract the home buyer signed with them , using what's called an exculpatory clause. For example, the contract might explicitly limit any liability resulting from the report to simply the price of the contract (the amount of money you paid to the inspection firm).

Does an inspector's firm have insurance?

The inspector's firm might have insurance to cover minor settlements. A confidential negotiation or mediation might be the best mechanism to achieve a settlement of your claims against your inspector. Talk to a Lawyer.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Can you sue a home inspector?

There are multiple legal theories upon which you could sue the home inspector. For example, you might have a claim for negligence or professional malpractice, if the inspector deviated from the professional standard of care in the course of the inspection. Negligence is ordinarily defined as the failure to act as a reasonable person in ...

What happens if a home inspector is negligent?

However, if the home inspector was negligent during the inspection, they may be liable for losses or injuries that resulted from their negligent conduct. For example, suppose that the homeowner is injured when a deck collapses which was clearly not structurally sound. If the home inspector should have noted the issue in their report, ...

What is the legal action for a home inspector?

Legal action will usually be based on the contract between the client and home inspector. If the inspector is hired by a city, municipality or the government, you will likely need to file a complaint with the specific agency that employs or is responsible for the inspector. Usually, the agency will conduct an investigation into ...

What is a red flag for a home inspection?

A red flag for this issue may be a home inspector who also advertises as a home repair company. Another example of home inspection fraud may be the inspector working with the buyer to include unnecessary repairs that the seller is required to pay for.

What does a home inspection look for?

Carpets and flooring. Home inspectors also look for issues that may be violations of local housing codes.

Do you need a home inspection before you buy a home?

Mortgage lenders usually require the buyer to obtain a professional home inspection before the lender will finance the purchase. If the property fails the inspection, or if the home inspection reveals significant issues, the lender may refuse to provide the buyer with financing for the purchase.

Can a home inspector be liable for a faulty inspection?

If the home inspector should have noted the issue in their report, the inspector may be liable for the homeowner’s injuries. Legal remedies usually include a damages award to reimburse the plaintiff for the losses resulting from the faulty inspection. A court may order another inspection.

Do all home inspectors have to be certified?

Not all home inspectors are certified and some are certified in certain areas. If possible, try to hire a certified home inspector for the most comprehensive home inspection. The outcome of a real estate transaction is often based on the home inspection.

What Is Negligence?

Negligence means someone's failure to use reasonable care in doing their duty to another, which results in damage or injury to that other person.

What Defenses to Negligence Might the Home Inspector Claim?

Before gearing up for a battle, try to anticipate the home inspector's defenses to a civil charge of negligence. Some of them might be solid ones.

What Is Breach of Contract?

When you hired the inspector, you ideally signed a written agreement specifying the scope of the work to be done. If the inspector failed to meet the terms of that agreement, perhaps by forgetting to examine a major structural component or system as specified in the agreement, breach of contract is another potential claim you could file.

What Defenses to Breach of Contract Might the Home Inspector Claim?

Similar to with a negligence claim, facts will be important. You'd need to show both that the contract promised the inspector would examine particular portions of the property and supply a certain sort of information in the report, and evidence that he or she failed to do so, thus leading to the damage that you suffered.

What Evidence Can You Gather?

Assuming the problem is not minor or cheap to fix (in which case you might want to simply chalk this up to experience), your next line of inquiry is to prepare to prove that the inspector not only could, but should have looked for or seen the problem.

What Steps Should You Take Before a Lawsuit?

Consider alternatives to suing. Legal fees could wipe out your gains, while working matters out without a court's involvement can be in everyone's best interest.

What happens if a home inspector is hired by a municipality?

If the home inspector is hired by a municipality, city, or government, an individual will likely need to file a complaint with the relevant agency. Typically, that agency will conduct an investigation of the issue prior to a lawsuit being filed. If an individual, either the buyer or the seller, disputes an aspect of the report, ...

When is a home inspection required?

As noted above, a home inspection is usually required for any home sale transaction or when the title of the home is being transferred to a new owner. An inspection may also be requested if the owner wishes to obtain a home repair loan or wants to renovate the property.

What does a false report mean?

The false report may state that the seller is required to make certain unnecessary repairs or installations prior to the buyer purchasing the home. In these cases, the buyer receives free repairs or installations and the inspector is paid for their extra work.

What happens if a home inspection does not pass?

If the home does not pass the inspection or if the home inspection report shows major property issues, the lender will likely refuse to provide the buyer with financing. A home inspection may also be used to: Assess a home value after an accident that causes damage to the home, such as an earthquake or flood;

How can fraud be prevented?

Home inspection fraud may be prevented by having repairs completed by an individual other than the home inspector. It is important to check that the inspector has a valid license and no previous history of fraud. An individual can also hire their own inspector and compare the results of the inspections.

Why do you need a home inspection?

Home inspections are intended to detect and identify defects or repairs that need to be addressed prior to selling the home . A home inspection is usually required by a local municipal board in order to ensure that the home meets local safety and zoning standards.

Why do you need a copy of an inspection report?

An individual should always request a copy of the inspection report in order to verify that it is not fraudulent. Another possible safeguard may be to present home inspection requests in the form of a bid.

Negligence Claims

If you believe your inspector didn’t do their job thoroughly, you can file a negligence lawsuit . By doing so, you’re claiming that the inspector failed to take “reasonable and necessary steps” to find the problems with your home. However, it’s not always easy to prove your case.

Breach of Contract

If you find that you’re not able to prove that the inspector was negligent, then you might be able to sue for breach of contract . In this case, you’ll need to prove that the inspector failed to do something that was laid out in the signed contract.

Limit of Liability

You’ll also want to check your contract and see if there’s a clause that limits the home inspector’s liability. This is very common and will often state that if a problem arises, the inspector isn’t held liable and is only required to reimburse the homeowner for the cost of the inspection.

How to Sue an Inspector

If you believe you have a case, the next step is to file a lawsuit. If the inspector is an individual working privately or through an organization, then you’ll need to sue them directly.

Can You Sue a Home Inspector? Now You Know!

Now that you know the answer to the question, “can you sue a home inspector,” you might feel more nervous than ever about your home inspection results. The best way to avoid this stress is to ensure that you’re hiring a top-notch inspector that you can trust.

Debra L. Feit

Most home inspectors have clauses in their contracts that protect them from this sort of claim. Review your contract and/or have a lawyer review the contract and find out how to find a cause of action.

Earl Kenneth Mallory

Read your contract with the home inspection company. Most have a clause that limits damages to the amount paid for the inspections services, or other nominal amount. If such a clause is in your contract, you have little or no recourse. If the clause is absent, you may have a negligence claim...

Mark Theodore Tischhauser

Depending on who hired the inspector, you may well have a claim. What you should do, is consult with a lawyer in your area to address what the report said and whether there was an "E&O" policy or some liability insurance that would cover such an event.

How to find a home inspector?

Choose an inspector: Your real estate agent likely will have suggestions for a home inspector, but you should do independent research too. Check the inspector’s credentials to ensure he’s licensed and insured, read any reviews you can find and, if possible, interview him before the inspection. 2.

What happens if an inspector misses a checklist?

The inspector may be liable if he missed something on the inspection checklist. His liability will be outlined in the contract, which may hold him financially responsible for fixing the damage.

What happens if a claim is denied?

If the claim is denied, you may be able to sue. Depending on the circumstances, you may have a claim for breach of contract, negligence, professional malpractice or even fraud. Ideally, you should consult an attorney before bringing the claim to the inspection agency, and if possible, before you begin repairs.

Can an inspector make mistakes?

Inspectors can make mistakes, problems can be overlooked, and you can be left holding a bill for thousands of dollars repairing your new home. This scenario is any homebuyer’s nightmare. Fortunately, you may have legal options that can protect you and your bank account.