Home Buying in 11778>Question Details

justb, Home Owner in Wading River, NY

with an inspection report done, could she/he (inspector) be sued if an undetected issue were to crop up?

Asked by justb, Wading River, NY Sat Jan 28, 2012

I tell anyone that asks to be there throughout the entire thing- its your money; at the very least, a friend that is knowledgeable in construction. would you use the friend instead? will the bank balk?

Help the community by answering this question:


most of the time inspectors have buyers sign a form and that states you can sue them read the forms..
0 votes Thank Flag Link Sun Jan 29, 2012
A friend that is knowledgeable in construction is not an acceptable substitute for a professional home inspector. Home inspectors are specialists, and they have specialized knowledge of the marketplace that is different from that of contractors.

And I think you'd have a difficult time getting a judge to hear a case where a buyer has signed a waiver of the sort that home inspectors require. Home inspectors - and contractors - are not guaranteeing that the home is free of defects; they are providing an expert opinion of the systems and condition of the property based on a visual inspection, and there is the sad fact that, if they miss something big, it's generally going to be up to the buyer to bear the burden.

All the best,
0 votes Thank Flag Link Sun Jan 29, 2012
There are many issues here. Of course you can sue the inspector but as somebody mentioned here to sue and to win - two different things. From your question we don't know the details. Main thing is-read the inspection contract you signed. Usuall general inspection is visual inspection. Inspector can't see behind walls, floors, ceiling and so on unless he is doing the infrared camera inspection but this type of inspection is not included under "general inspection" and is an additional service. So the best to contact your attorney about the specific issues you have.
0 votes Thank Flag Link Sun Jan 29, 2012
Latent or patent defect? Is this something that existed and should have been noticed? What does your inspection report say, if anything, about the part of the house that is now an issue? New or existing home? See an attorney asap to find out your options. Good luck!
Web Reference: http://vaughnweberlaw.com
0 votes Thank Flag Link Sat Jan 28, 2012
In general: Could an inspector be sued? Of course they could. You cannot stop someone from filing a lawsuit. Winning the suit is another matter but, of course, it costs money to defend against lawsuit.

If you are talking about a specific situation, you need the advice of an attorney.
0 votes Thank Flag Link Sat Jan 28, 2012
Inspectors are like everyone else, not perfect.

The agreement you sign has a paragraph protecting them for errors and omissions.

If you are selling, you should have your home inspected so you know what might turn up and gain the opportunity to rectify some of the issues.

Hire someone who comes by recommendation.

No one is perfect, just as no house is perfect; although it might be perfect for you.
0 votes Thank Flag Link Sat Jan 28, 2012
For any necessary legal advice do consult with your attorney; as for suing an inspector, it really depends on the exact issue, again consult with your attorney.
0 votes Thank Flag Link Sat Jan 28, 2012
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