Rebecca Lake is a certified financial planner who specializes in retirement planning, investment planning, and estate planning. If the inspector fails to prepare a thorough report summarizing what he did and all his relevant observations, that could be grounds for a lawsuit. (Learn more about sublimits here.). But proving that the inspector was negligent may not be easy. Professional Home Inspection Institute will teach you how to become a Tennessee home inspector. Review your policy or ask your insurance broker to find out your carriers reporting policy. Copyright 2023 Citadel Insurance Services, LC. For one thing, home inspection insurance policies come with reporting policies. The home inspector would have issued a report, perhaps saying that the house was basically sound, with all its major parts and systems in working order. Please be advised that any information you supply on this complaint form may be subject to public disclosure. Errors or failures during the home inspection process may result in monetary damages against the home inspector. And remember, if your clients dont sign your contract prior to the home inspection taking place, your contract may not be admissible in court. The board conducts formal hearings when necessary and prosecutes by due process any violators of KRS 198B.700 - KRS 198B.738. Home inspectors are prohibited from: Making repairs to a dwelling that they are inspecting, unless state laws allow for repairs after a waiting period; Inspecting a property that the inspector or the employer of the inspector has an interest in; Have the report's outcome contingent upon payment of the inspector; and. . Breach of contract If proving the inspectors negligence is impossible, it may be better to look into other legal grounds such as the inspector failing to perform specific duties included in the contract. Since receiving this claim, our inspector home inspector has a contractor verify all repairs at the time of the inspection. These elements are as follows: A home inspector must be compliant with laws and regulations. In an effort of continued transparency and collaboration, we're reporting a new pattern. This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. Water Damage. April 29, 2023 Whether the outcome was due to a natural disaster or some other event, you are now facing much hardship. A home inspector is a professional who is aware lawsuits are a part of their job. Major insurance companies in Tennessee have approved our coursework for home inspector errors and omissions coverage. Lastly, the company stated, the inspector should have made recommendations to prevent future water intrusion. He photographed but did not call out the water stains on the exterior siding, the company wrote. Be sure to emphasize that you can only diagnose the propertys systems and components on the day of the inspection and cannot predict what may occur in the future. A home inspector may be held liable if they fail to detect a defect or violate contract provisions. Doing so may prevent clients from holding you accountable for issues outside of scope. Negligence is ordinarily defined as the failure to act as a reasonable person in the same shoes would have acted, where damages result from the behavior. Since the polybutylene piping was only visually identifiable in the attic, and the attic was not included in the inspection, the client should be responsible for the piping remediation, the inspector argued. Further, they emphasized that the pricing structure for the condo inspection takes the exclusion of common areas into account. Those who earn more than $97,000 per year earn the most, while those in the lowest 10% earn less than $35,000. A home appraisal is required by mortgage lenders in order to determine the value of the property you intend to purchase. If an inspector does not follow the inspection checklist, he may be held liable. You might also have a cause of action for breach of contract, particularly if you had a written contract with the inspector in which he or she agreed to perform certain specific types of review that were, in fact, never actually performed. How To File Claim Against Home Inspector. When the client received the letter denying our home inspectors liability, he continued to persist, arguing that the inspector should have called out the roof issues more explicitly and that his roofer recommendation had made matters worse. Thus, its important to make sure to review your insurance policy. If you sue your home inspector, you should be prepared to pay for legal fees as well as evidence gathering. (Learn more about taking inspection photos to manage your risk here. Contact your InspectorPro broker or submit an applicationwith us to receive a quote at no obligation. Such a situation, on the other hand, could result in a breach of contract claim. If youre ready to find an advisor who can help you achieve your financial goals. They do not report property defects that were within the scope of the inspection (read move about this above), visible, and accessible during the inspection, The report is not accurate, or findings are in error, The inspector hid or changed something in the house or report (exaggeration or downplaying an issue could be considered negligent), They agreed to hire a repair contractor for a problem they missed but did not follow through on (or the contractor made it worse), They agreed to pay for repairs or make repairs themselves but did not follow through on them (this is a breach of contract), The inspector does not respond to you or your lawsuit. Such records could have greatly aided the inspector in the example above. The state of Maryland licenses and regulates home inspection companies. If that happens, a buyer may wonder whether they can sue their home inspector. 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. 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 . A sellers main aim may be to walk away with the highest offer on their house. Search, Browse Law Many of the facts suggest that these claimants purposely concealed known defects in order to bill the inspector for repairs. June 8, 2023 This article explains the four elements a plaintiff must prove to prevail in a negligence claim. If you are a seller and want to sue the buyer's inspector, you should carefully consider if an inaccurate report is to blame, or if the buyer got cold feet. If you can demonstrate that the inspectors findings caused you harm, you could have a good case. Such sublimits may cause you to unintentionally be out of compliance with your state or contractual obligations. Contact a qualified real estate attorney to help guide you through the home buying process. In many states, professional care is defined by the standards of care that a professional must provide his or her clients. First, please verify the inspector is a CAHPI member. Less than a month post inspection, a home inspector received an attorney letter alleging that he failed to detect an active water leak in a bedroom and its bathroom, which led to foundation issues. Three months later, additional leaks appeared in separate areas of the home. Your email address will not be published. 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. California, Florida, and Texas are three of the states with the highest paying home inspectors, according to BLS data. While its not an easy process, it is possible to get compensated for damages if you can prove that the home inspector was negligent in their duties. Instead of notifying us immediately, the home inspector wrote his own reply to the attorney letter. Consider the following issues before you pursue a lawsuit, and consult with a real estate attorney if you are unsure about your case's strength. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In most situations, they will politely decline to provide you with personal opinions and will stick to the facts. According to the inspection clients, the roofer said that there was no way anyone with any training in roofing put that roof on, and that there is no way that it should have passed the inspection.. It is your responsibility to list any minor issues that need to be addressed by the seller or his or her realtor. A BLS study found that professional home inspectors earn a median annual salary of around $62,000 across the country. To be a Home Inspection Specialist (HIS), you must have a state license, according to the Georgia Department of Labor. You may be able to sue the seller if they knew about the problem but failed to disclose it during the home-buying process. If you feel that your home inspector failed to meet the standards set by the state in which you live, you can file a claim against him or her. When filing a small claims case, a court must consider . Had he called pre-claims assistance, our claims team could have gotten involved quicker and stifled the complaint before it became a claim. And, sinceour team of licensed professionalsspecializes in insurance for home inspectors, we are able to give you the personalized attention you deserve. A home inspector must have a high school diploma or equivalent, be at least 18 years old, and pass a criminal background check. Editors note: InspectorPro originally published a Top 5 Claims article in November 2016. They have a strong understanding of electrical, plumbing, city codes, infestations, utilities, and appliances. Another reminder: Know that this is common. After all, you never know when youll need that photo of the bush in front of the propertys exterior wall. Sit back and relax while we do the work. We closed the claim at no cost to the home inspectornot even the cost of his deductible. 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. Buyers frustrated by the construction process and the lack of progress after they have purchased a home file the vast majority of homebuilders claims. Which brings us to the uncomfortable truth: Weve seen our fair share of claims in which the inspector would have seen the signs of foundation damage had the signs not been concealed, had the inspector not been distracted, or had the area been accessible. Be sure to provide a clear verbal and written definition of a home inspectionwhat it includes and what it doesnt. To learn more about plumbing claims and how to avoid them, read our stand-alone article on the subject here. Visit our attorney directory to find a lawyer near you who can help. Many home inspectors are members of professional associations such as the National Association of Home Inspectors (NAHI). You may need to ask . The inspector assured his clients that, once the roofer completed the repairs, the roof issues should stop. A confidential negotiation or mediation might be the best mechanism to achieve a settlement of your claims against your inspector. 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