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When Can Homebuyers Sue Their Home Inspectors?

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When Can Homebuyers Sue Their Home Inspectors?

Getting an inspection is one of the most important steps of the home-buying process. The inspection is designed to assure homebuyers that a property has no major defects or issues that could delay a home sale. Problems can arise, however, when an inspection doesn’t reveal something that a homebuyer would have liked to know about before closing on their home. If that happens, a buyer may wonder whether they can sue their home inspector. Here’s what you need to know. Before agreeing to buy a house, you may also want to make sure you’re buying something that you can afford by getting your finances in order with the help of a financial advisor

Filing a Negligence Claim

If you’re not happy with the work your home inspector did, you could sue for negligence. Essentially, you would claim that the inspector didn’t take reasonable and necessary steps to detect any problems with the home. But proving that the inspector was negligent may not be easy.

If the inspector provided a detailed report that you signed off on, you may have a hard time laying the foundation for your case. You may need to ask another inspector to look at your home. And he or she may need to determine that your first inspector should have noticed the problem you discovered after buying the house.

Providing plenty of documentation and evidence may also help your case. For example, if you found a big crack in the foundation, it’s a good idea to take pictures of it.

Suing for Breach of Contract

When Can Homebuyers Sue Their Home Inspectors?

If you can’t prove negligence, you may be able to sue your inspector for breach of contract. You could go this route if you had a contract in place with the inspector that you believe was somehow violated.

For example, the contract could say that the inspector is required to test certain components of the electrical system or check for lead-based paint. If you think the inspector skipped a step, you may be able to sue them for breaking the terms of their contract.

Read the Fine Print

Before letting an inspector step into the home you want to buy, it’s a good idea to review the terms of their contract carefully. It’s not uncommon for inspectors to include an exculpatory clause, which limits their liability.

For example, the inspector may include wording in their contract that only requires them to repay the buyer for the cost of the inspection, if necessary. 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.

Consider the Seller’s Liability

When Can Homebuyers Sue Their Home Inspectors?

If you discover serious issues with a home after buying it, your first instinct may be to sue your inspector. But you’ll need to consider whether your seller should face consequences. If the seller knew there was a problem but didn’t disclose it during the home-buying process, you may be able to sue them for damages.

But again, you’ll need to prove that your seller was aware of the defect. If you’re not sure whether you have a real case against your seller, you may need to consult an attorney before trying to take anyone to court.

The Bottom Line

A home inspector is something that you can’t do without if you’re buying a home. It’s a big investment and you want to make sure you know what you’re spending your money on, or borrowing money for. It’s important to understand the role of your inspector before moving forward and you should have a good idea of what your rights are by law.

Tips for Buying a Home

  • Buying a home comes with many challenges and home inspections could be one of the least of your worries. Before moving forward with such a large financial decision it can be a good idea to work with a financial advisor who can get your finances in order and advise you about what you can afford. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
  • Another good way to see what you might be paying for your home is to check out our free mortgage calculator. It can help prepare you as you’re looking for the right home to buy so you know what it might actually cost if you need to borrow.

Photo credit: ©iStock.com/RichLegg, ©iStock.com/zimmytws, ©iStock.com/mediaphotos

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