Consumption and Real Estate
Can I file a lawsuit against a home inspector? Does home inspectors in California have any liability?
Question : Can I file a lawsuit against a home inspector? Does home inspectors in California have any liability?
Just bought a house in los angeles area. The home inspector did not detect a major leak in the plumbing nor did he see a visiable crack in the footing of the housing. The crack was visable from outside and if he had seen it we could have known that the crack extends all the way inside the house underneath the carpet. The seller will not take any resposibility for any repairs, says did not know about cracks and if we had it in the inspection report, prior to close of escrow, then they would have dealt with it or fixed it. The cost for repair of the cracks outside and inside of house is $ 3000. I dont know how much the plumbing is going to be for the leak. So now I want to go after the inspection company how should I go about it?
california home inspections
Best answer:
Answer by eric c
I do not know about California, but what home inspectors generally do is make clients sign a waiver dissolving them of any responsibility of mistakes.
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#2 written by STEVEN F 1 year ago
You said the crack was visible form out side the house. Why didn’t YOU see it. When I bought my condo, I watched the inspector while he did the inspection. you did not say where the plumbing leak was. If the leak was inside a wall and there is no visible water damage, the inspector has nothing to find. Is it possible a pipe burst AFTER the inspection?
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#4 written by Ide fixxe 1 year ago
I would contact the inspector immediately. Insurance or not he should be liable for at least not discovering the leak. If the crack was visible, then I would think you the seller should have inquired about it. Inspectors cannot see through carpet, walls, ect. The crack should have also been put in the “disclosure. ” You may also have a case with the seller. I live in LA too and believe they must have liability insurance. You’ll find out soon after you threaten to sue. I would also speak to his agent (seller’s agent). They are also required to do a visual inpection of the property. You may need to speak to a Real Estate Attorney. Good Luck, I hate when people get ripped-off.
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There are two things you need to look at in your contract with the inspector. A home inspector isn’t necessarily going to be responsible for catching every little problem with the house. There may be some limitation on the scope of his inspection services. He probably also has a limitation of damages clauses that basically says you are entitled only to a refund of what you paid for the services.
There are as many as 4 people who might be responsible: (1) the seller; (2) the seller’s agent; (3) your agent; and (4) the inspector. For $ 3000, this is a small claims matter. California offers free access to a small claims advisor’s office, so make an appointment with them for a consultation before filing suit.