Different states have different rules and regulations governing suits against sellers for undisclosed, known defects. They are not liable for the advice they give on this point. While the claim itself was meritless, the home inspector made several errors that put his business at risk. Search, Browse Law According to the American Society of Home Inspectors (ASHI) Standard of Practice (SOP), the home inspector was NOT required to determinethe strength, adequacy, effectiveness, and efficiency of systems and components. The home inspector was only required to report on and describe the type of materials used, which he did. Finding a financial advisor doesnt have to be hard. There are no guarantees that working with an adviser will yield positive returns. After much deliberation, our claims team settled for half of the original demand and a release of all claims. How Much Do I Need to Save for Retirement? The claimants argued that they could have avoided this damage had the inspection report provided more information. We hope this exclusive look into the types of claims plaguing home inspectors most helps you better safeguard your business. SmartAsset Advisors, LLC ("SmartAsset"), a wholly owned subsidiary of Financial Insight Technology, is registered with the U.S. Securities and Exchange Commission as an investment adviser. Yes, you can sue your home inspector. The demand letter should state the specific problem, what is owed, and a deadline for payment or action. Nevertheless, that sort of limitation on liability could severely reduce your chances of recovery in a court of law. While the demand amount slowly trickled down, the claimants assertion that the inspector had done nothing wrong did not wane. That other inspector had determined the presence of polybutylene pipes. Be cautious and vigilant to avoid the underbussing that you can. Citadel Insurance Services, LC Can I Sue a Home Inspector? - FindLaw Since receiving this claim, our inspector home inspector has a contractor verify all repairs at the time of the inspection. Without the assistance of their lawyerpresumably because the lawyer dropped the casethe client responded to our denial of liability letter. While the home inspector's report might lead a buyer to walk away from a house, the home inspector usually can't be blamed for the sale falling through. As every inspector should, our home inspector contacted us immediately to report the incident. Two months post inspection, another home inspector received a letter from his client demanding tens of thousands of dollars in remediation, repairs, medical bills, and rental costs in association with mold hed found in the home. As part of their investigation, they will look for any violations of local housing codes. In contrast to a home inspector, an appraiser will not venture into the basement or crawl down onto the roof to inspect. Her favorite aspects of working in the legal field include researching and writing. Infographic: Top 10 reasons clients file claims against home inspectors We closed the claim at no cost to the home inspectornot even the cost of his deductible. They are likely always prepared for legal action, and their company may have an attorney on retainer. Providing plenty of documentation and evidence may also help your case. In most situations, they will politely decline to provide you with personal opinions and will stick to the facts. Concerns about the foundation, roof, windows, and electrical systems of a home should be investigated. If your inspector discovers a $15,000 hole in your roof and inspects it, he or she will only have to reimburse you for the cost of the inspection. Contact an agent. The inspector might get a lawyer to send you a demand letter to withdraw the suit. However, suppose the sellers did not clear access to the sump pump, and you discover an issue later. Even if you do everything right, you can still get one of the top five claims. Rockville, MD More, 7 Things to Do If You Receive a Complaint: ASHI Webinar The report you will get is often 50+ pages and documents the inspector's time on the property. Home inspectors, whose job is to point out defects, often seem to be at odds with the other players. Home inspection is frequently not required by law to address any errors or omissions made by the builders or engineers who designed or constructed your home. With the Sue Now product, all you have to do is: Log in to DoNotPay and select the Sue Now product, Select whether you need a demand letter or court filing forms, Describe the reason for the lawsuit and submit any applicable details, including photo evidence. The home inspector's duty is crucial because it influences the potential buyers decision before closing the sale. Click on the field, type in your information, and when complete, print the form and then mail or fax to the address or fax number at the top of this page. If the inspector missed any issues during a home inspection, the inspector could be held liable for damages. The claimants, a married couple, alleged that the home inspector failed to report significant defects to the propertys front stoop. How to Sue a Home Inspector with DoNotPay. We are unaware of the results of that claim. You can still bring this to court as a "disputed defect," though the case might focus on the seller's actions instead of the inspector's. It is legal to sue a home inspector for negligence, as long as you make a reasonable effort to avoid it. Once a court date is set, come back to receive a handy script that will help you prepare for your argument. Legally reviewed by Bridget Molitor, J.D. In that case, the inspector is probably not liable. So if you find a hole in your roof that costs $15,000 to repair, your inspector would only have to reimburse you for the money you spent on the inspection fees. To protect the home inspectors anonymity, we have omitted locations and demand amounts. The board conducts formal hearings when necessary and prosecutes by due process any violators of KRS 198B.700 - KRS 198B.738. A builder cannot be held liable for negligence if they made mistakes in the design or construction of their house. The attorney listings on this site are paid attorney advertising. Filing a Complaint - Canadian Association of Home & Property Inspectors After much deliberation, our claims team was able to settle the claim with a refund of the inspection fee and a signed release of all claims. Lastly, in this particular example, whether or not the water damage existed on inspection day is still largely up for debate. Name But generally speaking, you can dispute a claim on the report or sue an inspector if: It is good to ask other inspectors to review the report and the issue to get their professional input. To prove negligence, you must be able to show that the inspector did something wrong (typically something another inspector wouldn't have done) and that their action or inaction directly caused you damages -- usually the cost of fixing the defects. Lastly, be sure that, whenever you refer another company business, you do so safely. Its important to understand the role of your inspector before moving forward and you should have a good idea of what your rights are by law. Home Inspectors are legally liable for actions taken by them, whether they work alone or with a private organization. Blame game aside, there were things that this home inspector could have done at the beginning to potentially avoid having a claim altogether. File a Complaint to Home Inspector Licensing Program - Tennessee . They cannot move rugs and furniture or force open doors or sheds, for example. Your home inspection report could provide you with a schedule and plan for future repairs. Whistleblower Protection | Office of Inspector General - DHS Can You Be Fined By Your Home Inspector For Negligence? The plaintiff must prove that the contractor's mistake resulted in damages and specify the dollar amount lost. . Major insurance companies in Tennessee have approved our coursework for home inspector errors and omissions coverage. According to the letter, the claimants discovered [the substantial water leak] almost immediatelyupon taking actual possession of the home. Further, the attorney argued that the damage caused by the leak was so excessive that the foundation was severely compromised and required immediate repairs. Without giving any indication to the cost of such repairs, the attorney gave the inspector six days to contact him before he would file a formal law suit. Before moving forward with such a large financial decision it can be a good idea to work with a financial advisor who can get your finances in order and advise you about what you can afford. Some people feel that home inspectors who sue their clients are acting in bad faith, while others believe that such lawsuits are sometimes necessary in order to protect the interests of the home inspector. You may need to ask . How long is a home inspector liable? | The Real Estate Decision You likely cannot sue them just because the buyer lost interest in the home. Then, be sure to abide by that policy to preserve insurance coverage. In it, counsel cited the SOP and the inspection contract, both of which emphasized the limitations of the condominium inspection. Most of them will be sued at least once in their careers, but that does not . These states may have higher costs of living than other states, which will have an impact on the salaries of their inspection officers. But youll need to consider whether your seller should face consequences. Your email address will not be published. There are multiple legal theories upon which you could sue the home inspector. Homeowners Insurance Claims Do's and Don'ts: Are You in the Know? All rights reserved. If you believe you might have legal claims against your inspector, it could be worth sitting down with an attorney and reviewing the contract you signed with your inspector. You likely signed a waiver or contract when you hired your inspector. Kentucky Board of Home Inspectors For example, if an inspector fails to mention defects in the roofing system, it can result in water leaks that require reconstruction. Errors or failures during the home inspection process may result in monetary damages against the home inspector. Consumer . By the time the inspector received the attorney letter, the claimants had already removed and replaced the stoop. Wood rot. Further, if you want coverage for mold claims, most providers require that you purchase an endorsement, or policy add-on. Dont put too much stock in the length of the inspectors list of issues; instead, keep an eye on the severity of the problem. Stay up-to-date with how the law affects your life. If you have two experts who examine your home and write reports stating that the original expert should have discovered a particular defect, this would be compelling evidence against the original expert. Have a question? Pest. These elements are as follows: A home inspector must be compliant with laws and regulations. Problems can arise, however, when an inspection doesnt reveal something that a homebuyer would have liked to know about before closing on their home. The client emailed the home inspector again, claiming that, since the contractor completed the repairs, the roof was worse. (Learn more about sublimits here.). If you have a complaint about the inspection performed by your home inspector, you may want to contact an attorney. Not to be confused with septic, sewer and waste issues, plumbing problems like the one in this example are the fifth most common type of claim against home inspectors. Therefore, the water damage had not been visible. Sit back and relax while we do the work. Home Inspection Advisory Committee 124 Halsey Street, 6th Floor, P.O. If you want them re-inspected before signing the home sale contract or close of escrow, you have the right to do so. Failure to do so could put you at risk of having to defend yourself against claims for your referrals work. There are limits on the money you can win in a court case. Filing a lawsuit in small claims court without a lawyer may sound easy, but its still complicated and hard to manage alone. Different states have different laws on frivolous suits and indemnity claims. Most of them will be sued at least once in their careers, but that does not mean they are actually liable. This can happen for a variety of reasons, including if the inspector missed something during the inspection that resulted in damage to the home. Or, if you purchased a newly constructed home, you might have legal claims for defects against the home builder. Choosing a home inspector should include their certification and experience. This article explains the four elements a plaintiff must prove to prevail in a negligence claim. 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.

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