What to do when an inspector misses stuff? (1 Viewer)

[St. Geezy]

I know you said the ceiling stain was visible, but was the rotted wood visible from an attic space?

How much rotted wood is there? How old is the roof? You may not need an whole new roof, you may just need it to be patched up.

Lastly, has these been much rain in the past 2-3 weeks? Is it possible that the condition of the leak got worse since the inspection?

 

[El Caliente]

Not looking to sue anyone if I can avoid it.

There hasn't been enough rain that it would have changed the condition of the roof over the last 3 weeks.

I now realize going with the inspector recommended by the realtor was a bad idea. Why we did it in the first place is because we were new to the area, and she seems to have our best interest at heart.

44, good luck with that man. I wish you well.

 

[superchuck500]

Sounds like a time to sue. Check state laws as I'd imagine the Realtor and Inspector can be held liable.

Suit against your own, contracted home inspector can be tricky. Often, the inspector's contract will limit his liability in ways you may not have considered - but the claim is ultimately one in contract. Also, you should recognize that your burden of proof (if you can get to that point) will entail not only demonstrating that the inspector made a mistake but that it was a mistake that a reasonably competent home inspector should not have made for the kind of inspection that you bought in the contract. And that burden means that you need another inspector to serve as an expert on the question of whether it was unreasonable (or workmanlike to use a typical contractual standard in this field) for purposes of inspector liability.

Of course, most of these disputes don't go that far. This is, of course, not legal advice but mere discussion on this message board and you should consult an attorney for further discussion. But If you really want to consider this route, you might want to review the contract for terms about liability (and perhaps arbitration). But you can always make a demand on the inspector (a request that he compensate you for the damage sustained from the mistake). A civil, professional letter with attachments from the repair contractors explaining the problem could go a long way.

If that doesn't work, the next step might be to make a claim with the inspector's insurer. These are steps that could provide you relief without having to file suit. Keep in mind, however, that claims and legal limitations periods may apply so consultation with a lawyer is always a good idea.

 

[El Caliente]

You guys have all been top notch. Thanks for the advice.

 

[wizard1183]

Suit against your own, contracted home inspector can be tricky. Often, the inspector's contract will limit his liability in ways you may not have considered - but the claim is ultimately one in contract. Also, you should recognize that your burden of proof (if you can get to that point) will entail not only demonstrating that the inspector made a mistake but that it was a mistake that a reasonably competent home inspector should not have made for the kind of inspection that you bought in the contract. And that burden means that you need another inspector to serve as an expert on the question of whether it was unreasonable (or workmanlike to use a typical contractual standard in this field) for purposes of inspector liability.

Of course, most of these disputes don't go that far. This is, of course, not legal advice but mere discussion on this message board and you should consult an attorney for further discussion. But If you really want to consider this route, you might want to review the contract for terms about liability (and perhaps arbitration). But you can always make a demand on the inspector (a request that he compensate you for the damage sustained from the mistake). A civil, professional letter with attachments from the repair contractors explaining the problem could go a long way.

If that doesn't work, the next step might be to make a claim with the inspector's insurer. These are steps that could provide you relief without having to file suit. Keep in mind, however, that claims and legal limitations periods may apply so consultation with a lawyer is always a good idea.

This is correct. However, regardless of the inspectors contract with liability, he is at fault for missing something that was brought to his attention. Therefore he is responsible for the repairs. Here's an example of inspectors in the oil field. An inspector inspects welds and in his report he acknowledges that they are indeed serviceable and free of flaws. The client hires a 2nd inspector for some type of work finds there's a flaw in a previous weld. He asks and pays for inspector to check ALL of the 1st inspectors work and finds 80% of those welds bad. This inspector that deemed them serviceable now goes to prison for fraud as investigations prove he didn't actually inspect them and must pay for the man hours and materials for those repairs. There's quite a few stories of inspectors going to court over things because we get the blame first. You have to cover your butt.

In this case, the inspector didn't do his job obviously since your wife pointed out a flaw which should've been investigated by him. I would hire an attorney or at least seek counsel for one because you closed on the home expecting it to be fine. Take pictures of the damage and the date. Have all of your documentation to show when the inspector came and performed an inspection, when your wife noticed the leak, what he stated, what the HVAC guy you hired stated along with your pics ect. Nail him or his company (which most are independent) to pay for the damages he claimed were fine and nothing to worry about. I assure you this inspector doesn't have proof that your roof was fine during the inspection UNLESS during the time of inspection nothing was found due to it being dry and no roof sag was noticed.

I hope you get this taken care of quickly so no further damage takes place. Good luck!

 

[efil4stnias]

You guys have all been top notch. Thanks for the advice.

the inspector may have an Errors & Omissions policy as well. These policies were at one time required by various state boards for inspectors. I dont do any, but have done quotes for them in the past.

This policy is designed for something akin to what has happened here. But without reading it, i dont know that there would be coverage for your "claim".

worth a shot tho.

 

[St. Widge]

Then what's the point of having one? If he isn't going to tell you all that is wrong with the house I might as well not have one done.

Saintholic is more or less right as far as the law in Louisiana. California may be a bit different, but if it's an "As-is" sale, and most are, you don't have a lot of remedies unless it is something the prior owner knew about and failed to disclose or if it's something open and obvious that he inspector missed. Inspectors are generally not held liable for things that are behind walls or between ceilings and floors since there is no way they can get to them. Roof leaks are a similar issue unless the leak is obvious. Now, if there was water damage to the ceiling and the inspector did not comment on it or notice it, you might have a shot, but you'd have to talk to a California lawyer about that.

You can also start by reading the contract that you signed with the Inspector and any reference to insurance. At least in Louisiana, you have to sign something that basically says you have no rights to sue them (although there are exceptions) before they will tell you what is wrong with the house. In Louisiana, if you don't sign that document, the Inspector is screwed if he messes up. I don't know if California has the same law on that issue so you would have to check with a California lawyer.

As far as why get one? There are two reasons, 1) Your lender probably required one as a condition of doing the loan, and 2) They often do tell you about a lot of issues that you can get paid for by the seller, even if they do happen to miss some. But, nobody can guarantee a house is perfect before you buy it.

 

[St. Widge]

I am sure each state is different, but it is difficult to successfully sue inspectors. Although the threat of lawsut might help him either file an insurance claim for you or help out with the repair.

As far as the agent - are you talking about YOUR agent. No reason to sue your own agent, and I am not sure on what basis you would sue the seller's agent.
Talk to your agent about the seller's disclosures. What, exactly, did they disclose about the discoloration and/or the roof? If they did not give what looks like a good faith disclosure then it would be worth talking to them. Its always best to use your agent to talk to them. Talking to them directly can hurt if a lawsuit is filed.

Great advice here.

In the end, your best remedy is probably against the seller who probably knew about the leak and did not disclose it since it sounds like it was pretty severe.

 

[wizard1183]

Heres something I looked at :
What's The Difference between a Home Inspection and Home Warranty Evaluation?
Some inspectors -- whether hired through real estate agents or the homebuyers themselves -- don't really perform a complete home inspection at all, but rather what's known as a "warranty evaluation," and the difference is significant.
In a nutshell, a warranty evaluation usually takes under an hour, only covers basic elements that are covered by the home warranty such as the heating/air conditioning system and other built-in mechanical systems.
Whereas a real home inspection consists of a full comprehensive evaluation of virtually every system and component of the home, including major appliances, roof, structure and utility systems, and includes a complete, written inspection report.
A licensed home inspector is also required to carry a minimum of $300,000 in Errors & Omission (E&O) Insurance, which protects both client and real estate agent in case the inspector inadvertently misses or omits a major defective system or component from his inspection report.
When selecting a home inspection service, make sure that you are, indeed, getting a full inspection, and not a simple warranty evaluation. The difference could mean potential savings of thousands of dollars in repair and maintenance bills over the long term.
Recently, the Louisiana House of Representatives passed H.B. 176, which clearly defines what a home inspection entails. A complete copy of the bill is available at http://www.legis.state.la.us/leg_docs/03RS/CVT3/OUT/0000KORI.PDF

 

[St. Widge]

Not looking to sue anyone if I can avoid it.

There hasn't been enough rain that it would have changed the condition of the roof over the last 3 weeks.

I now realize going with the inspector recommended by the realtor was a bad idea. Why we did it in the first place is because we were new to the area, and she seems to have our best interest at heart.

44, good luck with that man. I wish you well.

You often times have no choice since the average person does not know a lot about home inspectors and has no way to evaluate who is good and who isn't. Listening to your agent isn't ideal, but sometimes it's the best advice you can find since they do deal with inspectors all the time.

 

[St. Widge]

This is correct. However, regardless of the inspectors contract with liability, he is at fault for missing something that was brought to his attention. Therefore he is responsible for the repairs. Here's an example of inspectors in the oil field. An inspector inspects welds and in his report he acknowledges that they are indeed serviceable and free of flaws. The client hires a 2nd inspector for some type of work finds there's a flaw in a previous weld. He asks and pays for inspector to check ALL of the 1st inspectors work and finds 80% of those welds bad. This inspector that deemed them serviceable now goes to prison for fraud as investigations prove he didn't actually inspect them and must pay for the man hours and materials for those repairs. There's quite a few stories of inspectors going to court over things because we get the blame first. You have to cover your butt.

In this case, the inspector didn't do his job obviously since your wife pointed out a flaw which should've been investigated by him. I would hire an attorney or at least seek counsel for one because you closed on the home expecting it to be fine. Take pictures of the damage and the date. Have all of your documentation to show when the inspector came and performed an inspection, when your wife noticed the leak, what he stated, what the HVAC guy you hired stated along with your pics ect. Nail him or his company (which most are independent) to pay for the damages he claimed were fine and nothing to worry about. I assure you this inspector doesn't have proof that your roof was fine during the inspection UNLESS during the time of inspection nothing was found due to it being dry and no roof sag was noticed.

I hope you get this taken care of quickly so no further damage takes place. Good luck!

Different laws and contracts apply to home inspectors vs. oil field/refinery inspectors. It will all depend on the laws in his state.

So, the first thing to do is talk to his agent about it and see if they can do anything with regard to the seller and the inspector. If that does not work, he should probably contact the inspector and/or their insurer about the issue. And then probably contact the sellers is nothing else works.

But, all that needs to be done quickly because if all that fails, he needs to go see a lawyer quickly. Only a lawyer in that state can know all of the laws and the filing deadlines that are involved.

 

[superchuck500]

This is correct. However, regardless of the inspectors contract with liability, he is at fault for missing something that was brought to his attention. Therefore he is responsible for the repairs. Here's an example of inspectors in the oil field. An inspector inspects welds and in his report he acknowledges that they are indeed serviceable and free of flaws. The client hires a 2nd inspector for some type of work finds there's a flaw in a previous weld. He asks and pays for inspector to check ALL of the 1st inspectors work and finds 80% of those welds bad. This inspector that deemed them serviceable now goes to prison for fraud as investigations prove he didn't actually inspect them and must pay for the man hours and materials for those repairs. There's quite a few stories of inspectors going to court over things because we get the blame first. You have to cover your butt.

In this case, the inspector didn't do his job obviously since your wife pointed out a flaw which should've been investigated by him. I would hire an attorney or at least seek counsel for one because you closed on the home expecting it to be fine. Take pictures of the damage and the date. Have all of your documentation to show when the inspector came and performed an inspection, when your wife noticed the leak, what he stated, what the HVAC guy you hired stated along with your pics ect. Nail him or his company (which most are independent) to pay for the damages he claimed were fine and nothing to worry about. I assure you this inspector doesn't have proof that your roof was fine during the inspection UNLESS during the time of inspection nothing was found due to it being dry and no roof sag was noticed.

I hope you get this taken care of quickly so no further damage takes place. Good luck!

For the sake of argument, if I am defending the inspectors against the allegations you state- I would argue that you knew about the roof issue, as the wife did indeed spot it. You were fully able to seek an expert roofing opinion rather than to rely on the general inspector's comments that it wasn't a big deal. The job of the inspector is to indentify problems and while the inspector's evaluation may have proven to be inaccurate, you were not justified in relying on it when you were aware of the problem independently and chose no further analysis by an expert.

Not saying that's the right result but that its not as easy as you're suggesting. I don't think your analogy to the industrial inspector is quite on-point.

 

[St. Geezy]

This is correct. However, regardless of the inspectors contract with liability, he is at fault for missing something that was brought to his attention. Therefore he is responsible for the repairs. Here's an example of inspectors in the oil field. An inspector inspects welds and in his report he acknowledges that they are indeed serviceable and free of flaws. The client hires a 2nd inspector for some type of work finds there's a flaw in a previous weld. He asks and pays for inspector to check ALL of the 1st inspectors work and finds 80% of those welds bad. This inspector that deemed them serviceable now goes to prison for fraud as investigations prove he didn't actually inspect them and must pay for the man hours and materials for those repairs. There's quite a few stories of inspectors going to court over things because we get the blame first. You have to cover your butt.

In this case, the inspector didn't do his job obviously since your wife pointed out a flaw which should've been investigated by him. I would hire an attorney or at least seek counsel for one because you closed on the home expecting it to be fine. Take pictures of the damage and the date. Have all of your documentation to show when the inspector came and performed an inspection, when your wife noticed the leak, what he stated, what the HVAC guy you hired stated along with your pics ect. Nail him or his company (which most are independent) to pay for the damages he claimed were fine and nothing to worry about. I assure you this inspector doesn't have proof that your roof was fine during the inspection UNLESS during the time of inspection nothing was found due to it being dry and no roof sag was noticed.

I hope you get this taken care of quickly so no further damage takes place. Good luck!

I don't believe this is accurate, at least not in Louisiana. I don't agree that he "missed" this. His opinion on the seriousness of it just wasn't accurate.

 

[wizard1183]

Different laws and contracts apply to home inspectors vs. oil field/refinery inspectors. It will all depend on the laws in his state.

So, the first thing to do is talk to his agent about it and see if they can do anything with regard to the seller and the inspector. If that does not work, he should probably contact the inspector and/or their insurer about the issue. And then probably contact the sellers is nothing else works.

But, all that needs to be done quickly because if all that fails, he needs to go see a lawyer quickly. Only a lawyer in that state can know all of the laws and the filing deadlines that are involved.

I realize that inspectors are diff but ALL of them are liable for things to a certain degree. Especially contractors. Home inspectors are not hired to do bum jobs and the fact is he did a bum job if he was hired to do a full home inspection therefore held liable. I posted the diff between an evaluation and a home inspector and it states a home insp carries a $300k policy for a miss. They don't carry that for no reason. If he was to do a full inspection he IS liable since he failed to catch the sagging roof. That's why I mentioned to seek counsel.