Home Buying in 91311>Question Details

Lilli, Home Buyer in 91311

the inspector did not caught the defective items during inspection of my house that I purchased from bank can I have legal recourse from inspector?

Asked by Lilli, 91311 Tue Jun 21, 2011

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Hi Lilli,

Read your Home Inspection report. They ususally contain disclaimers and what they are 'responsible' for. Once you have done that, if you still have questions, you should contact a Real Estate Attorney and Real Estate Brokers and Agents cannot provide legal advice. (Or, at least they shouldn't).

Shanna Rogers
SR Realty
1 vote Thank Flag Link Tue Jun 21, 2011
You'll need to read the fine print of the agreement you signed with the home inspector. Most inspection agreements severely limit the responsibility of the inspector. Also inspections often recommend further investigation by a specialist such as a roofer, electrician, plumber, pool contractor and so forth. The typical inspection lasts a few hours and costs a couple hundred dollars. It would be virtually impossible to detect all defects in that timeframe. I've had buyers pay for multiple inspections during escrow including an on-site mold analysis. Armed with a mountain of evidence, these buyers know exactly what they're getting and often can renegotiate the purchase price prior to the close of escrow.
0 votes Thank Flag Link Sat May 18, 2013
Would you have bought the home anyway? Most bank owned properties are sold AS IS -- so it wouldn't matter to the bank. Did you pay cash, or finance? Read your contract with the inspector.
0 votes Thank Flag Link Sun Sep 16, 2012
Matt and Joe's answers are great. I was curious to know what the defects are. If they are something of a serious matter, you might want to bring in another home inspector and have them do a thorough inspection to see if additional items were missed. And if that person is able to determine if that problem existed at or prior to the time of purchase, you might want to consult an attorney to see if you have any legal recourse. Let me know how this works out.


Amir H. Kazemzadeh
President, Real Estate and Mortgage Broker
DRE License 01813512, NMLS 309986
REALTOR®, CDPE (Certified Distressed Property Expert), CHS (Certified HAFA Specialist), SFR (Short Sale and Foreclosure Resource Certification)
Residential Accredited Appraiser (RAA) and General Accredited Appraiser (GAA)
Certified General Real Estate Appraiser, OREA License AG029627
ASAP Real Estate Srvcs • an ASAP RES, Inc. Company • DRE License 01862782, NMLS 322735 • "SERVING ALL (APPRAISALS, LOANS, AND LISTINGS) OF YOUR REAL ESTATE NEEDS"
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Santa Clarita, CA 91350-2353
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0 votes Thank Flag Link Thu Jul 7, 2011
I like Matt's answer. Home inspectors are generalists and there will always be things "missed" because health and safety issues are paramount. Conditions can change in one day. Give him or her a chance to re-examine those areas. What are the limits of liability in the home inspection contract you signed? Document and photograph your concerns - you may need this information to strenghten your case.

Please post again and let us know how it all worked out.
0 votes Thank Flag Link Wed Jun 22, 2011
Hi Lilli,

If you feel that the missed item(s) were pre-existing issues and therefore should have been caught by the inspector your first step should be to call that inspector back and have them re-inspect these issues that you're questioning. Make sure you do this prior to having any repairs made. This will allow the inspector to re-examine the problem areas and determine if these item(s) were infact pre-existing and therefore should have been found and reported in their initial report. If the inspector acknowledges the item(s) should have been caught by them then you have the right to request that any repairs be made and paid for by the inspector at that time. If the inspector refuses then you should consult with a Licensed Attorney that specializes in real estate law to determine what your next course of action should be. I hope this answers your question.

Warmest regards,

0 votes Thank Flag Link Wed Jun 22, 2011
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