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

[El Caliente]

So we just bought a home, and upon moving in we found that a tile in the ceiling had fallen, and that the wood above it had been rotting.

Now we closed on the house 2 weeks ago, and the inspection took place less than 3 weeks ago. My wife noticed the roof looking discolored and caving in a bit, but the inspector said that it wasn't a big enough issue.

Fast forward to yesterday, we had the AC guy come in and check the pipes (because we thought that the leaking was coming from the A/C), and he pointed out that the leaking was coming from the roof, and not the A/C. I called the home warranty folks today, and the roof isn't covered. I called the realtor for advice, but she isn't answering. I hate to think I am on the hook now having to buy a new roof upon buying this house, when, had I known that the roof was bad I wouldn't have purchased the home in the first place.

The inspector messed up. I am not trained to spot these things but he is, and he dropped the ball. What can I do here?

 

[Redfish]

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

 

[bigdaddysaints]

Did you get a home warranty?
When I bought my house a year ago, the seller paid for a one year home warranty (something my realtor recommended). I used it a couple times on stuff like leaking pipes and a broken dishwasher.
Can't remember what the specifics are right now (if it covered major things like that), but I remember her saying it would help out if we ran into any problems that were missed..
I just renewed it last month just in case.

 

[El Caliente]

No, it's not covered by the home warranty. Obviously we have home insurance, but the inspector was supposed to catch this stuff... He touted himself as one of the best in the area, and to find this out...I wonder if he is willing to put his money where his reputation is.

 

[Anteros77]

Everyone is human and can miss things. I would contact them and ask about it before you decide to sue.

 

[El Caliente]

I am going to contact this guy tomorrow before I escalate things, I am just wondering if I can escalate things, and to what degree. I don't want to ruin anyone's reputation, but I don't want to be on the hook either because somebody didn't do their job (I am certain no one would wish to be on the hook because the person they paid didn't do their job).

 

[ULL_Scott]

Sorry man and I feel your pain. My wife and I got a home inspection and mostly everything was good. What did require fixing the bank took out the closing cost. But what wasn't caught was that the AC was completely wrecked to the point where the cooling core melted. Dude should have nust looked in the unit. Guy who had the house before us put in a system where no air was able to reach the motor. Anyway as our house was purchased as a foreclosure.....we ate it. Otherwise good deal. My wife is always finding projects for me though.

 

[ULL_Scott]

Also....just thinking, if it's a singular leak and you can find it in the roof you can likely patch it. Might just be a single is loose. Don't know if it looks like its caving though.

 

[Tony in Brandon]

Call the state agency there and file a complaint against the home inspector and the real estate agent. My wife does that type of work here in MS

 

[buzd]

I hope you checked whether that inspector's insurance was current before you hired him.

 

[Norwajun]

SoMDExpert.com » What to Do When A Home Inspector Misses a Problem

From the article:

Which Way Do I Go?
I certainly hope you never have to face something as horrible as these homeowners have, but if you do, know that you do have available courses of action.

•If it’s something that’s “in plain sight,” direct your first efforts at the inspector. They’re normally not held to be liable for things that can’t be described as being in plain sight, so talk with your Realtor about the problems before moving forward with a lawsuit against your inspector.
•If it’s something that’s not so obvious but would logically have been known by the previous homeowner, go after them. Something like large holes in the walls covered by paneling or painted over duct tape (trust me, it’s happened) that they would most likely know about (or did themselves). They didn’t disclose material defects, which makes them liable for the repair costs.
•If nothing else, file a claim with your title insurance company – that’s what it’s for. They’ll pay to fix it and then probably sue the inspector or previous owner for reimbursement of their costs.
It is all going to seem like a lot to handle, especially the feeling of being duped or betrayed during one of the most important and memorable events of your life. The one thing you SHOULD NOT do is ignore the problems and not pursue any of your options! If you are looking at foreclosures or ‘fixer uppers’ that don’t seem to have too many problems in the first report, you may want to consider paying for a second opinion and having a second inspector go through the home. If nothing else, it will give you peace of mind – and that is priceless.

 

[BIG E]

What kind of deposit did you put down? you may want to eat it and back out the deal if they won't go down on the price. Sometimes it's better to cut your losses and run.

 

[St. Geezy]

Your home inspection contract specifically states that it is not full proof. If he misses stuff, you have no legal remedy. You hire an inspector at your own risk, that's why it's important for buyers to fully research the company who is inspecting the home. That person is merely responsible for spotting things wrong with the house and giving his opinion. If his opinion is wrong, then his opinion is wrong. He did his job once the issue was spotted, whether it was by him or by you.

You decided to take his opinion for it rather than further inspecting the issue or hiring a contractor to come out. I'm not trying to come down on you, I'm just speaking from the perspective of how the law would see your case (from my understanding of my particular state's laws).

The only way you'd have a legal remedy, is if this is a.) not an "as-is" sale, and b.) the seller knew of the problem and did not put it on the property disclosure.

A home inspection is not meant to serve as a full-proof warranty on a home.

 

[El Caliente]

We already bought the house, so that's not an option.

We didn't see his insurance as our realtor told us he was reputable and that she always used him.

Blodaksen, thanks for the heads up.

 

[El Caliente]

Your home inspection contract specifically states that it is not full proof. If he misses stuff, you have no legal remedy. You hire an inspector at your own risk, that's why it's important for buyers to fully research the company who is inspecting the home. That person is merely responsible for spotting things wrong with the house and giving his opinion. If his opinion is wrong, then his opinion is wrong. He did his job once the issue was spotted, whether it was by him or by you.

You decided to take his opinion for it rather than further inspecting the issue or hiring a contractor to come out. I'm not trying to come down on you, I'm just speaking from the perspective of how the law would see your case (from my understanding of my particular state's laws).

The only way you'd have a legal remedy, is if this is a.) not an "as-is" sale, and b.) the seller knew of the problem and did not put it on the property disclosure.

A home inspection is not meant to serve as a full-proof warranty on a home.

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.