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\n <\/div>\n \n Prepare for a home inspection with a top-rated agent<\/h3>\n
HomeLight has analyzed over 27 million transactions and thousands of reviews to determine which agent is best for you based on your needs. It takes just two minutes to match clients with the best real estate agents, who will help you be ready for your home inspection.<\/p>\n
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If that\u2019s you, an undercover study conducted by Consumer Checkbook<\/a> indicates that your skepticism could be well-founded. This consumer research company conducted an unofficial test of a dozen home inspectors, in which each was paid to report on the same property \u2026 with known defects.<\/p>\n Of the twelve, five missed a major plumbing leak, eight did not report evidence of a rodent infestation, and four failed to record visible water damage from a faulty roof, among other concerns. Obviously, inspectors have the potential to miss some pretty serious problems.<\/p>\n So if major issues arise soon after closing, can homebuyers sue their home inspector? Maybe. But there are things you should know first. With the help of real estate attorney James Brown<\/a>, who practices law in West Palm Beach, Florida, we\u2019ll walk through the realities.<\/p>\n If you\u2019ve purchased a new-construction home<\/a>, good on you for getting an inspection<\/a> \u2013\u2013 not all buyers do! However, if you\u2019re now having issues with your newly built home, the responsibility may lie with the builder<\/i> and not the inspector.<\/p>\n New building materials often respond to seasonal changes in unpredictable ways. For example, new lumber can have up to a 19% moisture content, according to federal standards. But during the course of one summer, the moisture content may fall to 9%. That kind of shrinkage can cause settling or drywall buckling that your inspector wouldn\u2019t have been able to detect when you purchased the home.<\/p>\n In fact, there are many possible problems that could occur over time with a new build<\/a>. That\u2019s why builders usually include a home warranty for new owners \u2013\u2013 because it\u2019s quite possible that problems will pop up as the seasons change.<\/p>\n Talk with your new construction real estate agent<\/a>\u00a0an agent who is familiar with new construction will be able to help guide you in the next steps. They may refer you to your warranty documents for coverage terms and limitations. And they may also help you reconfirm that code inspections were done (and passed) at the proper times.<\/p>\n In most states, sellers are required to disclose any known material defects<\/a> to the buyer prior to purchase.<\/p>\n Seller\u2019s disclosures<\/a> are legally binding documents. That means if the seller didn\u2019t tell you about a known issue, and you can prove that they knew about it, you may be able to sue them for it.<\/p>\n Brown says, \u201cWe get a lot of cases where going after the inspector is fruitless, but you can go after the seller under a body of law called Johnson v. Davis<\/a>.\u201d<\/p>\n This Florida court case basically looks at whether the issue was known by the seller, whether it materially affects the value of the home, and whether it was readily observable.<\/p>\n However, the word \u201cknown\u201d is a huge caveat. A seller can\u2019t disclose issues that they don\u2019t know about, nor are they required to.<\/p>\n Will you be able to prove that the seller actually did<\/i> know about the problem you\u2019re experiencing? If so, you may have a case; if not, you probably won\u2019t. Talk to a real estate attorney<\/a> for more guidance.<\/p>\n If you\u2019ve ruled out the builder and the seller as possibly responsible for these issues, then the inspector must<\/i> be to blame for your problem, right? Well, maybe … and maybe not. You could have a legal claim to hold the inspector responsible under the following precedents.<\/p>\n A signed contract forms the basis of a legal claim. As a homebuyer now in distress, you should first refer to the contract that you signed with the inspector.<\/p>\n Look specifically at what the contract says that the inspector will do for you. Does the contract say that they would perform certain inspections, and do you know for a fact that they didn\u2019t? If that\u2019s the case, the inspector may be liable under breach of contract.<\/p>\n Your contract with the inspector should also outline the inspector\u2019s reporting duties. Do you suspect that they hid, changed, or misrepresented something in the report? If so, that may also fall under a breach-of-contract liability.<\/p>\n Negligence refers to a lack of reasonable professional care within the contract. Maybe the inspector performed all the duties of the contract, but did they perform them to a reasonable standard? Meaning, did they do and see what any other qualified inspector in their situation would do and see? If not, you may have a claim of negligence on your hands.<\/p>\n Brown relates a case where an inspector failed to disclose visible water stains on the ceiling. The roof was obviously leaking, but the out-of-state buyer did not know about the condition prior to purchase because the inspector didn\u2019t include the ceiling stains in the report. In this case, the inspector was clearly at fault.<\/p>\n \u201cThere\u2019s an implied duty of merchantability,\u201d Brown explains. When you buy a car, it\u2019s implied that it will come with four wheels. In the same way, when you purchase a home inspection, it\u2019s implied that obvious defects will be recorded.<\/p>\n If you think the inspector was negligent in their duties<\/a>, the best way to prove it is to document the extent of the damage to your home. Take lots of photos before cleaning up or fixing anything!<\/p>\n Then, ask another inspector (or several others) to take a look and give you their professional opinion about the situation. If other inspectors agree that the original inspector should have caught the problem, you\u2019ll have a better chance of proving negligence.<\/p>\n But remember, home inspectors are limited in their scope<\/a> based on what\u2019s immediately visible<\/i>. A negligence claim might not work if the defects were hidden from view, such as behind wall paneling or underneath basement flooring.<\/p>\n A home inspector would also not be considered negligent if the damage results from an area that would require specialized inspection<\/a>, such a plumbing, septic, or foundation inspection.<\/p>\n Fraud refers to fabricated details in the inspection report. In another word: lies.<\/p>\n Outright lies on an inspection report would be different than negligence. Rather than an absence of accurate, complete information, fraud would include falsified information. For example, an inspector claims that repairs are required, when in reality they are optional.<\/p>\n As a buyer, you may not be as affected by fraud because oftentimes, inspection repairs are paid for by the seller. But if you did<\/i> have to pay for repairs based on made-up information (like in the case of an as-is home purchase), then you may have a claim for fraud.<\/p>\n To prove a fraud claim, you\u2019ll want to keep all receipts for repair work done. You may also need to contact a few professional contractors to see if the inspector\u2019s stated need for repairs was fact or fiction. A real estate attorney can help guide you.<\/p>\n An exculpatory clause is a paragraph stating that the inspector\u2019s liability is limited to the amount of money you paid for the inspection, and no more.<\/p>\n If you find this clause in your inspection contract, it\u2019ll be very difficult to recover any money for damages in a court of law. In fact, the cost of litigation may end up being greater than the amount you get back in a settlement.<\/p>\n If you think you do have a legitimate claim against your home inspector<\/a>, your first step should always be talking to your real estate agent. Their experience in the industry can help give you some outside perspective that can clarify your options.<\/p>\n Your real estate agent will also be able to refer you to a reputable real estate attorney. When you meet with the attorney, be sure to bring your inspection contract, your purchase contract<\/a> (and seller\u2019s disclosures), any home warranties, your homeowners insurance policy<\/a>, and all documentation of the damages in question. This information will help the attorney get a comprehensive picture of your case.<\/p>\n When it comes down to it, Brown says, \u201cBuilding inspectors know how to dodge liability. We very rarely sue building inspectors.\u201d<\/p>\n After consultation, the attorney will be able to advise you more specifically on your next steps. Together, you may find that negotiation and mediation are the best route. Even with an exculpatory clause, the inspector may agree to settlement if it keeps them out of a lengthy (and publicly recorded) court process.<\/p>\n If your attorney advises you toward litigation in court, remember there are state limits to the amount of money you can recover in small claims courts<\/a>.<\/p>\n![\"A](\"https:\/\/www.homelight.com\/blog\/wp-content\/uploads\/2021\/07\/Suing-home-inspector-1-666x381.png\")
<\/a>What should you consider before suing your home inspector?<\/h2>\n
For new construction, the builder may be at fault<\/h3>\n
For an existing home, the seller may be at fault<\/h3>\n
![\"People](\"https:\/\/www.homelight.com\/blog\/wp-content\/uploads\/2021\/07\/Suing-home-inspector-2-666x381.png\")
<\/a>When do you have a legal claim against the inspector?<\/h2>\n
If the inspector breached the contract<\/h3>\n
If the inspector was negligent<\/h3>\n
If the inspector was fraudulent<\/h3>\n
If there was no exculpatory clause in your contract<\/h3>\n
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<\/a>What should you do?<\/h2>\n