Different states have different laws on frivolous suits and indemnity claims. The owner of your home will shorten your to-do list if he or she fixes a leaking faucet, replaces a missing doorstop, or re-attaches a downspout. Our home inspector addressed the attorney letter on his own rather than reporting the claim immediately. Most often, plumbing claims result from one of two issues: misidentification or leaks. The plaintiff must prove that the inspector was negligent. Lastly, the company stated, the inspector should have made recommendations to prevent future water intrusion. Or, if you purchased a newly constructed home, you might have legal claims for defects against the home builder. 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. An example is when the home inspector skipped items on a checklist which resulted in water leaks or faulty electrical wires. We do not manage client funds or hold custody of assets, we help users connect with relevant financial advisors. If you do not have professional-level knowledge of these areas, you may not understand what the report says or the extent of the problem. For information pertaining to the testing material for the National Home Inspector Examination, please visit www.homeinspectionexam.org, or you may call 1-847-298-7750. The home inspector made an error that another reasonable inspector would not have made. Title 10, Chapter 7. Select whether you need a demand letter or court filing forms. If an A home inspector is something that you cant do without if youre buying a home. Nevertheless, that sort of limitation on liability could severely reduce your chances of recovery in a court of law. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Do not ignore the lawsuit if they choose to counter-sue you. Instead of notifying us immediately, the home inspector wrote his own reply to the attorney letter. Whistleblowers perform an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse, or mismanagement. 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. A home inspector may be held liable if they fail to detect a defect or violate contract provisions. The success rate of claims against pre-purchase home inspectors remains relatively low, but the volume of claims is causing significant challenges to the home inspection industry. The first step is to file a complaint with the state regulatory agency that oversees home inspectors. He photographed but did not call out the water stains on the exterior siding, the company wrote. Hilton St. Petersburg at Bayfront, FL More. Including clauses that identify repairs and your clients duty to monitor those repairs, as the home inspector in this example did, is a good way to deter and combat claims. Filing a lawsuit in small claims court without a lawyer may sound easy, but its still complicated and hard to manage alone. 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. When the roofer arrived to the property and saw the roof, he refused to perform the repair work. To learn more about mold claims and how to avoid them, read our stand-alone articles on the subject: from our blog here and the ASHI Reporter here. The average home inspection takes two to four hours, unless exceptional circumstances necessitate it. Yes, you can sue your home inspector. 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. And remember, if your clients dont sign your contract prior to the home inspection taking place, your contract may not be admissible in court. But the construction companys letter was inaccurate. HIS licensees must pass a state-approved home inspection course, take an ethics test, and have at least two years of experience as an inspector. We closed the claim at no cost to the home inspectornot even the cost of his deductible. Over the next six months, the claims team continued to defend that the home inspector had done nothing wrong. Errors or failures during the home inspection process may result in monetary damages against the home inspector. Professional Home Inspection Institute will teach you how to become a Tennessee home inspector. However, inspection photos are one of the best ways to manage risk. The state of Maryland licenses and regulates home inspection companies. The letter closed with a demand for the inspectors insurance information. To learn more about roof damage claims and how to avoid them, read our stand-alone article on the subject here. You may be able to sue the seller if they knew about the problem but failed to disclose it during the home-buying process. If the inspector fails to prepare a thorough report summarizing what he did and all his relevant observations, that could be grounds for a lawsuit. Before making any significant decisions about purchasing a home, it is always a good idea to have a home inspection completed. The board conducts formal hearings when necessary and prosecutes by due process any violators of KRS 198B.700 - KRS 198B.738. You can also have us mail a copy of your demand letter to the business you are suing! A home inspector is a professional who evaluates the condition of a home before it is purchased. Most insurance policies don't put a time limit on how long you have . A phone or in-person meeting to talk through the report with your inspector, A home walk-through to learn about its utilities or special features (may depend on your state or inspector), Material defect notes such as low budget choices in vinyl flooring or stair treads, Intrusive behavior such as digging underground, putting cameras into walls, or cutting into floors, Testing structural soundness or geological factors (aside from comments on flood zones or re-grading a yard), Recommendations to have a licensed professional inspect the area or bring the inspector back when the area is open, A warranty that the home is safe or in good condition, An insurance policy on the home's roof, leaks, or mechanical breakdowns, A guarantee that nothing will go wrong with the home, A complete list of the repairs you need to make, A list of patents or defects for materials or utilities, All-encompassing (any areas or conditions not within the home inspection's scope will be spelled out in the contract and again in the report). The plaintiff must prove that the contractor's mistake resulted in damages and specify the dollar amount lost. When sues a home inspector, you should keep a few things in mind. Therefore, if a home inspector makes an error or fails to conduct a thorough assessment, they can be legally accountable for damages. As we discussed in our stand-alone article regarding foundation claims, foundation problems are easy to miss and even easier to cover up: In an industry inundated with meritless claims, its important to watch your back. The client claimed that the mold was toxic, thus causing him and the other occupants to seek medical attention. The inspector's firm might have insurance to cover minor settlements. If an inspection reveals serious flaws, potential buyers can walk away from a home purchase or demand a new price. Weather conditions can also change what is "visible and accessible" day by day. A home inspector is a professional who is aware lawsuits are a part of their job. Protect yourself from meritless claims by having clear and assertive exclusions and limitations of liability throughout your inspection contracts. In the case of a home inspector, a demand letter may be sent if the home inspector has failed to provide adequate services or if there are outstanding fees owed. If you sue your home inspector, you should be prepared to pay for legal fees as well as evidence gathering. A confidential negotiation or mediation might be the best mechanism to achieve a settlement of your claims against your inspector. This indicates that there are some bad apples in the profession, and that aspiring inspectors should be prepared for difficult and demanding work in the future. The location, size, and general condition of a home are all taken into account when performing a home inspection. 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. Our proven track record of filing lawsuits include suing companies such as: We have helped over 300,000 people with their problems. (Read more about additional insured endorsements here.). ALimitation of Liability Clause is typically found in a home inspection contract. If you win a case against a home inspector, you might be able to recover financial damages to help your property recover. Failure to do so could put you at risk of having to defend yourself against claims for your referrals work. If that happens, a buyer may wonder whether they can sue their home inspector. That other inspector had determined the presence of polybutylene pipes. While a breach of contract entails the breaking or failure to perform a duty, this does not entail the violating of a warranty. It varies by state if the buyer, seller, or both can sue the inspector for a contract-based lawsuit. The claimants argued that they could have avoided this damage had the inspection report provided more information. Getting an inspection is one of the most important steps of the home-buying process. For example, the contract could say that the inspector is required to testcertain components of the electrical system or check for lead-based paint. Although the claim may appear frivolous to you, do not make that determination. A home inspection is a necessary step in the process of relocating. Home inspectors, whose job is to point out defects, often seem to be at odds with the other players. Since receiving this claim, our inspector home inspector has a contractor verify all repairs at the time of the inspection. Do not pass or fail an inspection of a home. If youre not happy with the home inspection report you received, you may be wondering how to file a claim against the home inspector. The inspector will most likely be looking for a few things, so learn what he or she will look for and how to deal with them. Home Inspectors are legally liable for actions taken by them, whether they work alone or with a private organization. Prior to the inspection in question, another home inspector had performed a home inspection on behalf of another prospective buyer. If you are going to sue a home inspector, you should consider whether or not your case is strong. Your report should have a clear indication when something was not inspected. One way to prevent future contractors condemnation is to work with them from the beginning. But in the end, the claimant ceased demands. Home inspectors are impartial third parties who often deliver bad news to prospective home sellers and home buyers which can cause complaints. The client wasnt satisfied. Claims professionals recommend keeping inspection assets at least five years, regardless of the statute of limitations in the inspectors area. If they agree the inspector was negligent, you may want to proceed with the lawsuit. There is a connection between the inspectors negligence and your damages; for example, faulty electrical wires that resulted in a fire. It is most likely that the inspector will assert that they are an impartial third party who delivered bad news in a professional and unbiased manner. A demand letter is a formal notice that requests payment or other action from another party. Ask to be named as an additional insured on the insurance policies of the businesses to whom you refer business, including other home inspection businesses and contractors. Let's say, for example, there's a strange smell in the basement, which turns out to indicate an extensive water leak, which caused mold. A large part of protecting your business involves documenting your home inspection and preserving your inspection assets. Home inspectors are frequently members of professional associations such as the National Association of Home Inspectors (NAHI). You File the Claim: You experience a loss, then file a claim with your insurer. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. However, this post has replaced that article to include more accurate, current, and comprehensive information. In fact, most mold claims we receive are against home inspectors that do not perform mold inspections. Property damage insurance claims come in all different types and sizes. In contrast to a home inspector, an appraiser will not venture into the basement or crawl down onto the roof to inspect. 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. Join over 30,000 home inspectors who receive risk management tips twice a month from the InspectorPro newsletter. Essentially, you would claim that the inspector didn't take reasonable and necessary steps to detect any problems with the home. Contact your insurance company immediately after securing the scene. 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. How to Sue a Home Inspector with DoNotPay. 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. Inspectors do not intrusively inspect a structure; they do not poke holes in walls or move boxes or furniture. Working with an adviser may come with potential downsides such as payment of fees (which will reduce returns). When an inspector reports a false or fraudulent claim, he or she is committing fraud. You might also have a cause of action for breach of contract, particularly if you had a written contract with the inspector in which he or she agreed to perform certain specific types of review that were, in fact, never actually performed. These states may have higher costs of living than other states, which will have an impact on the salaries of their inspection officers. Since the inspection, water had entered the basement between the front porch and the vinyl siding, causing damage to the home. We urge home inspectors to be aware of whats going on around them and to ask questions. You may need to ask another inspector to look at your home. As a result, the prospective buyer chose not to purchase the clients home. . The attorney listings on this site are paid attorney advertising. The inspector may not always discover or be aware of every flaw or defect in a home. Learn more about FindLaws newsletters, including our terms of use and privacy policy. For example, the inspector may include wording in their contract that only requires them to repay the buyer for the cost of the inspection, if necessary. You should begin by reviewing your notes concerning the transaction and the documents contained in your file. [The contractor] had the benefit of knowing what the issue was, focused on that issue, and looked for differences between what the [home inspector] reported and what he would have liked to have seen in the report, the claims team explained. Then, be sure to abide by that policy to preserve insurance coverage. Meeting with a lawyer can help you understand your options and how to best protect your rights. Heres a guide on how to file a claim against a home inspector. Further, the client stated that they couldnt enter the home without respirators. How can you prove this? Note the importance of the home inspectors pre-inspection agreement in this particular example. There are no guarantees that working with an adviser will yield positive returns. 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. (Learn more about taking inspection photos to manage your risk here. If the inspector provided a detailed report that you signed off on, you may have a hard time laying the foundation for your case. In this article, we will explain the liabilities of a home inspector and what legal elements you must prove if youre suing a home inspector in small claims court. Even if a licensed inspector says to buy the house or cancel the sale, the decision is yours alone. Therefore, the attorney argued, our home inspector owed the tens of thousands of dollars required to replace the polybutylene pipes on the property. The lender will not approve the purchase unless the buyer is present during the home inspection.
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