As the name suggests, can I sue a home inspector tells us whether or not a home inspector has ever been charged with fault in the design or construction of a property. This can help decide if they are a reliable asset to your business.
Being able to sue a home inspector is not an easy way to make money. However, it is gaining popularity as a source of income. It allows individuals to recover money spent on a property that was not properly inspected, or non-existent when inspected.
There are many ways that an individual can attempt to bring a lawsuit against an inspection company. These include: 1) claiming errors were made during the inspection; 2) stating lack of quality inspection resulted in loss of funds spent; or 3) charging fees due to no quality inspection.
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Types of lawsuits
There are several types of lawsuits filed against home inspectors. These include fraudulent inspection lawsuits, mansion re-sell suits, and defective inspection lawsuits. Regardless of which type of lawsuit you intend to pursue, you will need a home inspection to do so.
Fraudulent inspection lawsuits allege that an inspector concealed material facts about a property during the assessment process. For example, the inspector may claim that there are no major problems but when looking at the property later, he or she discovers significant problems such as severe water damage or a vacant property.
Manor re-sell suits allege that an investor purchased a large house but subsequently decided not to live in it because of poor conditions such as crime or poor maintenance. In this case, the investor is seeking money for improvements to their own property because they were forced to sell due to the issues with the new owner.
Defective inspections are similar to fraudulent inspections but instead of attempting to conceal material facts, they attempt to inaccurately portray a property during the assessment process.
Harm caused by home inspector
It is common for consumers to blame home inspectors for harming things in their homes, such as breakage or damage to furniture or other possessions.
This occurs when the inspector does not adequately point out issues with a particular piece of property and/or does not adequately explain what issues are addressed in a written report.
Some issues that are considered harm by consumers include cost savings, personification, and stigma. Cost savings can be significant when adding in repair costs and/or replacement costs. Personification occurs when the inspector explains certain matters in terms of themselves instead of an objective third party.
In addition to stigma occurring when people attach negative meanings to the inspector’s reports, there is a significant chance that this will occur due to the lack of specificity found in most inspections. This causes people to generalize issues and/or assign blame to the inspecter.
Expert testimony
Having an experienced home inspector is a valuable resource when it comes to suing a home inspector. There are several things a highly trained eye can notice when dealing with a house inspection.
Those areas of the house that are not freshly inspected by the home inspector may be owned property, proprietary information has been removed, or have changes to the property that need to be reviewed.
Some of these issues are addressed in laws governing real estate sales, and others aren’t always reported. Even though it may not be reported as such, it can cause damage to your finances if it’s undisclosed correctly at the time of purchase.
Having an expert help with your personal property insurance claims is valuable evidence for your claim. This is why there is a need for certified home inspectors in countries like the United States.
Liability for failure to discover a defect
As discussed earlier, a builder or contractor is liable for defects discovered in their work. However, as an individual who owns and uses the home, you may be able to hold the home inspector responsible for their work.
To find a qualified home inspector, consider contacting the National Home Inspector Association (NHIAA). NHIAA is a non-profit association that certifies home inspectors across the country.
If your personal home inspector fails to detect a serious problem such as water damage or structural problems, you may be able to file a lawsuit against them. This can be useful if you need help with preparing your house for sale or otherwise getting rid of the treasure inside.
As discussed earlier, can I sue a builder or contractor for failure to construct a habitable house, the engineer or architect responsible for building me another one could also be sued by having failed in his/her responsibility.
Liability for misrepresentation
It is very likely that if your home inspector misrepresented a fact about your home, you can sue them for damages. Home inspectors are required to have professional licensure, which means they are officially educated in how to inspect a home.
It is rare for inspectors to know all the details about a property they appraise. However, if the inspector misses an important detail or puts down an estimate that is more expensive than the actual value, this can be considered fraud.
If the fraud was substantial, you may be able to pursue legal action.
Premises liability
As discussed earlier, performing an inspection is not a legally binding job description. This means that if the home inspector fails to perform an inspection and damages my home as described in the covenant, my home owner’s insurance will not cover it.
This is also true if the home inspector does not report issues as described in the covenant but does report what issues were resolved or replaced with new measures during the inspection.
As discussed earlier, this is important, since I may be able to claim some compensation for issues that were missed due to poor communication between inspector and seller.
Actions to recover economic damages
If your home inspector fails to perform an adequate job, you may be able to recover economic damages such as costs of another home inspector.
Home inspectors typically charge a fee for their services. They receive a fee for providing this service. As a result, he or she has the right to provide an adequate inspection.
If the home inspector does not perform an adequate job, then he or she should pay for it. However, there are some things that even the best home inspectors cannot always find. Even the best home inspectors may miss hidden damage or defects.
Some defects may not be noticed by the naked eye, but they can cost you money in wasted time and money spent recovering them. It is important that you properly collect any items that you believe were omitted in your inspection to ensure recovery of these costs.
Actions to recover noneconomic damages
There are several actions a person can take following a home inspection report. The first is to learn what the inspector found and how the owner failed to take appropriate action to correct the issues.
If the inspector found significant problems that were not corrected, you may be able to file a lawsuit against the owner or manager of the property. You may also be able to pursue secondary market sales of the home as evidence in your case.
However, most problems can be resolved through conversation and communication between you and the owner or manager. If there was a problem that needed to be addressed immediately, you can contact the owner or manager and demand that problem be fixed.
You may be able to recover noneconomic damages such as expenses for repairs or missed potential profits from secondary market sales ofthe property. There are some websites that offer tips on how to repair property after an inspection.