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Can I hold the home inspector liable for repairs not reported on their inspection?

January 6th, 2009 · 4 Comments

Home Inspection
Bigmamajo asked:


I relied heavily on the home inspection to make decision on buying my 20 year old home. Results of the home inspection reported the house was in fair condition with no major damages. So, I bought the house. Just received a letter from my homeowner insurance company advising me that the roof (asphalt shingles) is in poor condition and not acceptable to be insured. The estimated repair of the roof is $6300. Can I sue the home inspection company to pay for some, if not all of the roof repair cost? Need advice please!

CNC Machinist

Tags: Other - Home & Garden

4 responses so far ↓

  • 1 newsgirlinos // Jan 7, 2009 at 9:53 am

    In many states, yes. Accredited home inspectors have a bond to cover this sort of thing. Now I will ask, how did the homeowners insurance company know about the roof if it wasn’t on the inspection? If they hired their own inspector why didn’t you get a copy of the report? If the sale hasn’t closed yet you can attach an addendum asking the sellers to pay for a new roof(if you have a Realtor they will know how to do this-if this is a FSBO then it is Buyer-Beware and you will probably lose your downpayment if you can’t close the deal(by fixing the roof)

    BTW, find out who installed the roof. 20 years is nothing for a roof and it may still be under warrantee. You can find the roofer through the state, county or city building inspections. It is common to see 30-40 and even 50 year warrantees on a new roof.

  • 2 Mtn Chick // Jan 9, 2009 at 5:52 pm

    Honestly, something you signed probably had little teeny fine print saying the inspector is not liable.

    If I were you, I’d gather ALL my papers from the purchase (contracts, seller’s disclosures, inspection reports, etc) and contact a local real estate attorney.

    It may be cheaper to fix the roof & chalk it to experience then to sue the inspector. Although it may depend on your state. Wish I had a better answer.

    Good Luck!

  • 3 droolie_da_dog // Jan 11, 2009 at 5:56 am

    You can try, but I don’t think so. It would depend on what the report says. If he disclaims the roof, then your SOL (sh*t out of luck). I suggest this. Consult your agent first. Then talk with the home inspector and notify him of the letter and see what he has to say. Then if nothing else, consult a lawyer. But keep in mind, hiring a lwayer would probably cost you about 5K , so 5K to recieve 6.3K in damages. I would sue as a last resort, and it would only be just to make a point. Lawsuits can be costly. So talk to your agent, and the home inspector first. Then go from there.

  • 4 exbuilder // Jan 11, 2009 at 1:12 pm

    Best advice is to review tha agreement you signed with the inspector and thoroughly review the results. Next step is to take all of the documents, estimates, etc. to your attorney for advice.

    Good luck with your situation.