Therefore, its important for home inspectors to be particularly cautious and vigilant. 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. How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, Sending Money to an Inmate Has Never Been Easier, Credit Card Dispute Letter Template That'll Get Your Money Back. Over the next six months, the claims team continued to defend that the home inspector had done nothing wrong. Although the claim may appear frivolous to you, do not make that determination. If the home inspector does not respond positively to the demand letter, the next step may be to file a complaint with the state licensing board or take legal action. As every inspector should, our home inspector contacted us immediately to report the incident. Here's a guide on how to file a claim against a home inspector. The claimants, a married couple, alleged that the home inspector failed to report significant defects to the propertys front stoop. We revisit each claim type by looking at recent claims from our archives and the lessons we can learn from each of them. . Providing plenty of documentation and evidence may also help your case. It's the top 10 reasons clients file claims against home inspectors. Here's our list of the 12 most common areas of inspection for which claims are made against home inspectors: Water damage (non-roof) Water damage (roof) Foundation. There are limits on the money you can win in a court case. The email address cannot be subscribed. Even if you did, in fact, make a mistake, saying so could make you more vulnerable to additional claims or could jeopardize your insurance coverage. In their response, they argued that the polybutylene pipes were present in not just the attic but throughout the condo. 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. To learn more about plumbing claims and how to avoid them, read our stand-alone article on the subject here. By FindLaw Staff | For example, if an inspector fails to mention defects in the roofing system, it can result in water leaks that require reconstruction. 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. As for the client, he changed course and pursued a general liability claim against the roofing contractor that the inspector had recommended. Nevertheless, that sort of limitation on liability could severely reduce your chances of recovery in a court of law. (Learn more about sublimits here.). Therefore, if a home inspector makes an error or fails to conduct a thorough assessment, they can be legally accountable for damages. Your email address will not be published. You would file a negligence claim. . Further, if you want coverage for mold claims, most providers require that you purchase an endorsement, or policy add-on. The legal action is typically based on the clients contract with the home inspector. The home inspector's duty is crucial because it influences the potential buyers decision before closing the sale. Or, if you purchased a newly constructed home, you might have legal claims for defects against the home builder. But the construction companys letter was inaccurate. If you are thinking of suing a home inspector, here are some tips to keep in mind: With a damaged house to take care of, filing a lawsuit may not be one of your top priorities. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Enter the dollar amount you are owed. The client emailed the home inspector again, claiming that, since the contractor completed the repairs, the roof was worse. If you used Facebook in the United States between May 2007 and December 2022, you can apply to claim your share of a $725 million settlement that Facebook's parent company agreed . Also be sure to take photos of the area before starting any clean-up efforts, both to show the extent of the damage and to provide any clues about whether old problems might have been visible during the inspection itself. We strongly encourage you to follow their counsel. Can I Sue My Mortgage Company for Stress? But what if, weeks or months later, you start to notice problems no one warned you about? There are no guarantees that working with an adviser will yield positive returns. PDF Home Inspection Advisory Committee Complaint Form If they failed to find something that harmed you or another resident, you have the legal option of pursuing legal action. Lastly, be sure that, whenever you refer another company business, you do so safely. Review your policy or ask your insurance broker to find out your carriers reporting policy. Firms, FindLaws team of legal writers and attorneys, home inspector lawsuit case from North Carolina here, Excellent records of the issues and appointment, Voice or video recording of the report appointment (some states make it illegal to record someone without permission), Photos, written documentation, or video of any damage. Weather conditions can also change what is "visible and accessible" day by day. But youll need to consider whether your seller should face consequences. If a homeowner prepares a report that is inaccurate, incomplete, or misleading, the individual relying on the report (buyer or seller) may file a lawsuit against the home inspector. How a Property Damage Insurance Claim Works. Contact us at 502-782-0563 or click here for more contact . One way to prevent future contractors condemnation is to work with them from the beginning. Buyers frustrated by the construction process and the lack of progress after they have purchased a home file the vast majority of homebuilders claims. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If youre ready to find an advisor who can help you achieve your financial goals. 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. They have a strong understanding of electrical, plumbing, city codes, infestations, utilities, and appliances. Flailful lawsuits and indemnity claims have different laws in different states. 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. Home Inspectors / EIFS Inspectors Licensing Division - Alabama For one thing, home inspection insurance policies come with reporting policies. Your attorney will be able to help you analyze any limitations on liability within the contract document under your state's law. For example, an electrocution would not take place if the inspector did not fail to perform a complete electrical inspection. 1. Such a situation, on the other hand, could result in a breach of contract claim. If the sink was clearly and extensively leaking, and the inspector had clear access to it but did not document the leak, you should be concerned. Yes, you can sue your home inspector. Text. Contact us. Nov. 12, 2004 11:59 pm ET. A snowstorm would make the driveway and roof inaccessible. Unless you are keeping equally detailed notes about the conversation you have with the inspector, you might be up against proof such as: The cost of the inspection usually covers: However, the inspector can only review what is accessible and visible during the appointment. Its a big investment and you want to make sure you know what youre spending your money on, or borrowing money for. 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. Unfortunately, there have been some cases where home inspectors have lied on their reports in order to try and get the sale. Because polybutylene pipes existed in the condo, the claimant automatically assumed that the home inspector was obligated to report them. Fox was not required to apologize on the air, though it did make a statement . As a result, the prospective buyer chose not to purchase the clients home. The average home inspection takes two to four hours, unless exceptional circumstances necessitate it. Thats why its essential to carry errors and omissions insurance (E&O) with the proper endorsements for defense and payout help. Legally reviewed by Bridget Molitor, J.D. Most insurance policies don't put a time limit on how long you have . Wood rot. When the roofer arrived to the property and saw the roof, he refused to perform the repair work. And be sure to get copies of the additional insured endorsement for proof of coverage annually. If that happens, a buyer may wonder whether they can sue their home inspector. If an Interested in learning more risk management tips firsthand?See below when were attending or hosting an event near you. That other inspector had determined the presence of polybutylene pipes. All rights reserved. The Board administers and enforces statutory requirements, examines and certifies all eligible candidates for entry into the profession of home inspection. An inspector also has professional knowledge in many areas of home building and utilities. Since receiving this claim, our inspector home inspector has a contractor verify all repairs at the time of the inspection. Misidentification occurs when the home inspector incorrectly classifies the pipes in the . A home inspectors job is to provide impartial third parties with information about potential home buyers and sellers.
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