Unfortunately, there have been some cases where home inspectors have lied on their reports in order to try and get the sale. Essentially, you would claim that the inspector didnt take reasonable and necessary stepsto detect any problems with the home. Getting an inspection is one of the most important steps of the home-buying process. If you win a case against a home inspector, you might be able to recover financial damages to help your property recover. How To File A Claim Against A Home Inspector | Daystar Properties Please be advised that any information you supply on this complaint form may be subject to public disclosure. Question: My husband and I recently purchased a house in Dallas, and within 2 1/2 months our home's foundation started to drop. In the letter, the claims professionals argued that the inspector had followed the SOP and performed a proper inspection. Plumbing. Copyright 2023 Citadel Insurance Services, LC. Thus, its important to make sure to review your insurance policy. If you were using Facebook between 2007 and 2022, you could be eligible for payment from a massive class action lawsuit settlement. A home inspector is a professional who is aware lawsuits are a part of their job. Different states have different laws on frivolous suits and indemnity claims. You can read a real home inspector lawsuit case from North Carolina here. Contracts with home inspectors may also be voided or breached. You must use arbitration or mediation if you seek legal action, instead of going to court. The plaintiff must prove that the contractor's mistake resulted in damages and specify the dollar amount lost. (Read more about storing inspection assets here.). 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. File a Complaint | Arizona Department of Real Estate If an inspection reveals serious flaws, potential buyers can walk away from a home purchase or demand a new price. than the final outcome. | Last reviewed August 24, 2020. Before reaching the issue of claims against the home inspector, consider making a claim against the home seller. The mold exclusion, the SOP, and the call for further inspection all emphasized that there wasnt a mold inspection. Review your policy or ask your insurance broker to find out your carriers reporting policy. Its rare for a home inspection report to contain no flaws. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The Board administers and enforces statutory requirements, examines and certifies all eligible candidates for entry into the profession of home inspection. You may register online to take The National Home Inspector Examination, or you may call 1-800-733-9267. Unlike our previous "top" lists, which focus on types of allegationslike water damage, mold, and garage doors this compilation concentrates on the circumstances that lead to . Such sublimits may cause you to unintentionally be out of compliance with your state or contractual obligations. Consult with your real estate agent and a real estate law attorney. The inspector may require you to withdraw the suit through a demand letter from your attorney. If you are successful, you may be awarded compensation for your damages, which could include the cost of repairs, the value of your home, and other costs. 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. Property damage insurance claims come in all different types and sizes. InspectorPro Insurance If youre not happy with the work your home inspector did, you could sue for negligence. Regardless of whether or not youre insured with us, feel free to contact us if you need help understanding your insurance policy. Whistleblower Protection | Office of Inspector General - DHS Buyers frustrated by the construction process and the lack of progress after they have purchased a home file the vast majority of homebuilders claims. State laws outline the standard of care a professional must provide the paying client. This can serve as legal grounds for a claim if the inspector fails the. If youre ready to find an advisor who can help you achieve your financial goals. We make every effort to keep our articles updated. But in the end, the claimant ceased demands. He photographed but did not call out the water stains on the exterior siding, the company wrote. 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. The report you will get is often 50+ pages and documents the inspector's time on the property. . They cannot move rugs and furniture or force open doors or sheds, for example. If you think the inspector skipped a step, you may be able to sue them for breaking the terms of their contract. Save my name, email, and website in this browser for the next time I comment. Therefore, its important for home inspectors to be particularly cautious and vigilant. . For the plaintiff to win a negligence claim, there are four elements that he or she must prove. For this reason, with InspectorPro, you get tailored insurance for your home inspection business at a reasonable price. If the inspector missed any issues during a home inspection, the inspector could be held liable for damages. Its not uncommon for inspectors to include an exculpatory clause, which limits their liability. In some states, the information on this website may be considered a lawyer referral service. For example, if you found a big crack in the foundation, its a good idea to take pictures of it. Can I Sue a Home Inspector? - FindLaw 7 Ways to Up The Price of Any Home Youre Selling, Different Types Of Nursing Homes In Henderson County NC. On the contrary, these should help you better understand how the inspector might argue their side, and what you need to think about to understand your case's strengths and weaknesses. It is up to you if you have these re-inspected before signing the home sale contract or close of escrow. In fact, most mold claims we receive are against home inspectors that do not perform mold inspections. After much deliberation, our claims team settled for half of the original demand and a release of all claims. Although you can ask your inspector if the home passes or fails the inspection, the decision is not their to make. And be sure to get copies of the additional insured endorsement for proof of coverage annually. The construction company that repaired the stoop had written a five-page letter on the claimants behalf. In addition, its important to never do anything that could be perceived as admitting fault or taking blame for a defect, including making payments or refunds without a signed release or saying you missed something. 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. The location, size, and general condition of a home are all taken into account when performing a home inspection. . The inspector assured his clients that, once the roofer completed the repairs, the roof issues should stop. The letter closed with a demand for the inspectors insurance information. Whether you have a good case depends on what they did and how it caused you harm. Most of them will be sued at least once in their careers, but that does not . The claim was closed at no cost to the home inspectornot even the cost of his deductible. Once a court date is set, come back to receive a handy script that will help you prepare for your argument. Her favorite aspects of working in the legal field include researching and writing. Yet again, we have an instance where a third partyin this case, a roofing contractorpointed the finger at the home inspector. Our claims team reasserted their defense of the home inspector, explaining that the polybutylene piping was only visible in the attic, which the inspector did not inspect and had no obligation to inspect. 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. How do I file a complaint about a home inspector?