I'm hoping this post finds a few savvy home inspectors here on ActiveRain!  I had a situation recently, where the home inspector missed some MAJOR water damage in the crawl space - in fact - it's hard to believe he even went down there, and didn't note the OBVIOUS moisture, and mold! 

Please don't think I'm ragging on home inspectors - I'm not!  I know there are good and bad ones in every profession, including (and especially!) with REALTORS!  But this guy just must have been being absolutely lazy.  There was obvious mold in the crawl space of this home, which was built in 1978.  The buyer ordered a full inspection, and the report didn't note ANY water damage, moisture, or mold, but the inspector claimed he went into the crawl space!  The buyer (after the sale) contacted the home inspector, and got NO response, after several calls and emails, and finally called a lawyer.  The lawyer sent a letter to the home inspector, which noted the damage, and basically said the cost to fix this problem would be high, and that the buyer would not have purchased the home had this been discovered by the home inspector!  The inspector's lawyer sent back a letter basically stating that he is not liable because the contract signed said the max liability on the home inspector's part is the cost of the inspection ($375).  Buyer's lawyer said that will never hold up in court...  

I'm really just looking to see if anyone here has been through this, or if any inspectors on here can tell me about an inspectors liability in missing something so obvious!  Buyer hires a home inspector to find these things out BEFORE purchasing the home... 

Please comment if you have ever been in this situation, or are a home inspector with some knowledge about this!

 THANKS IN ADVANCE!

 

66 Comments on Home Inspectors - liability?

20 Most Recent Comments Displayed Show All

JUN
05
2011

After watching Holmes on HGTV and my experiences as a home owner for 40 years I have come to some conclusions. Home owners and buyers are at least 50% of the problem. If you find a home you really like it's time to get serious. Do a little homework studying home construction, plumbing, HVAC and electrical systems. Know what mold, water and termite damage look like Don't be in a hurry and don't allow the sales agent to distract you with the beautiful granite counter tops. First go into the basement or utility areas with a flashlight and a camera. Look really hard at the guts of the house. Take pictures of visible plumbing piping. Look inside every access and try to see inside crawlspaces. Demand to see into the attic. Look carefully at all the heating, venting and A/C. I would hire a HVAC technician to check all that. I would hire a plumber to check the plumbing. I think home inspectors, overall, just don't do a very thorough inspection. I also believe there is rampant collusion between inspectors, lenders, real estate companies and house flippers. It almost looks like a form of organized crime all protected by the legal system to gang up on the innocent home owner. It's no wonder the housing market is depressed. I think there is a serious lack of consumer trust in the existing real estate marketing and finance system. When hiring contractors demand to see their licenses and certifications. Don't take "you don't need permits". If you hear that run as fast as you can to the local building authority, which you should have done in the first place to see if what you want done is even legal. Don't make a mess for the poor inspector when you put the "improved" home up for sale.

Aseries
10:15pm • #47
JUN
09
2011

IF YOU ARE BUYING A HOUSE, FIRST, MAKE SURE YOUR INSPECTOR IS CERTIFIED AND CARRIES LIABILITY INSURANCE.  SECOND, HAVE AN INDEPENDENT PLUMBER, ELECTRICIAN AND CONTRACTOR INSPECT THE HOUSE.  Really....this is the ONLY way to cover all the bases.  Our son moved into his dream home one week ago.  He found out yesterday that every window in the house has mushy, rotten wood underneath it.  Who is responsible for this massive expense????  NO ONE.  Not the previous owner, not the inspector, not the realtor (who recommended the inspector by the way).  SO.....how does a young family pay for these massive repairs????  I really really wonder how some of these realtors and inspectors sleep at night. I just know that there truly is pay back one day.  I find comfort in that fact!!

Mae
11:32am • #48
SEP
07
2011

My parents just purchased another home in FL. they hired a recommended inspector via their RE agent.  The cost was $650, and the report mentioned wasps, a screen, an outlet that had a short, and that the AC ui nit needed to have the UV light cord replaced.  THe report was reviewed, and the home purchased.  After the ove in, the attic was noted to have existing water damage on the underside of the sheething andf a joist had Black mold on it from the damage. This was missed and is in plain view upon walking up the stari

AndrewC
4:51pm • #49
DEC
07
2011

I live in Polk county Missouri on 30 acres. We bought our home in July 2009. We are now selling our home due to relocation of jobs. We got our house under contract. When their inspector came out he found several problems that I thought should have been caught when we bought the house. First plumbing- we are on a septic and the gray water just runs to our field instead to the tank (against code and has been for many years) Second termites- our inspection said all clear..theirs said extensive damage. Everything I've read on termites while eating machines the average colony can only eat approximately 12 inches of 2x4 a year. So extensive damage would indicate several years of damage. Repairs to sell my home are going to run me about 9000 dollars. 3000 dollars in structural repairs and almost 6000 to bring septic to code and fixed. Both my loan and the buyers loan are FHA so none of this should've passed for mine either. Do I have any legal recourse for the cost of repairs?? or am I just left holding the bag

russell phillips
10:07pm • #50
JAN
26
2012

I bought a renovated house from a renovator 2 months ago. The house was advertised as a fully renovated house with a finished in law suite basement. The first day i moved in the heater didn't work and had a leak which the builder came in and fixed right away but my basement has no heating and cooling vents and my inspector and fha appraiser completly missed that and now the renovator says i have to buy the material and he will install it free of charge but had i known this problem i would not have bought the house. Oh on top of that my hardwood floor has gaps in between each wood and my handy man says is a poor installation and needs to be removed and reinstalled other wise i would have mold problem as water can go through it. i also have about 15-20 degrees heat differnce between main lliving room and upstairs.

my question is can i sue the inspector for this misses i used him for inspection and reinspection and he missed it both times and at the reinspection i could not be there but i specifically told my releator to make sure the heat and ac systems are inspected and working well.

thank you for your help

Amanuel
5:29pm • #51
APR
02
2012
How can you blame the inspector for something that Broke months later. All an inspection is is a snapshot of the current condition of a house on that given day. If the water heater was in working order on the day of the inspection than he did his job. Inspectors can't predict the future. I have had water heaters last for 5 years and some for 20. Inspectors can't open walls to see hidden electrical, structural and plumbing issues that may be hidden. They can only base there inspection on what they can see. So if there were no signs or symptoms than there is nothing for him to report.
3:47am • #52

I would lke to know what if anything can be done for my parents, they purchased a home right at a year ago and when they bought it there were little ants and they were told that these little ants were nothing to worry about and the home inspector gave the home a pass and even said there was no termites or damage from termites. well those little ants turned out to be termites and the washer and dryer are almost fully through the floor and literally thousands of winged termites are now coming out from the bathroom(the washer and dryer are in the bathroom) we have sprayed and sprayed but this is damage that is old and new they NEVER would have bought the house if they were told of the termite infestation  h e l p !!!

Cristie
12:27pm • #53
APR
04
2012

We have a similar situation in Florida.  Just bought a home. 3 days later had people come in and rip out the hall bathroom toilet, sink and tile only to find out the entire floor boards where all rotted.  The home inspector was made aware of a previous problem in this bathroom with leakage and mold prior to his inspection.  A company had come in (prior to his inspection) and supposedly fixed the problem which we now can see they just replaced some wood directly in front of the tub but never touched the other floor boards that were totally rotted.  When the home inspector came back out to the house to see the damage his comment was "I crawled under the house and didn't see anything.  I don't think anyone else would have seen anything either".  He also said he didn't take the inulation out to look at the floor boards because it is stapled up and doean't have a staple gun".   Obviously, we feel he is liable for the repairs especially since it was specifically pointed out to him that there was a previous issue in that bathroom.   There is also a slightly smaller issue in the master bathroom.  When the contractor went under the house, removed the insulation and poked into the floor board, the part he poked crumbled to the ground.   What would possess a home inspector to crawl under the house and NOT remove any insulation to see if the floor boards under the insulation were rotted??  Any thoughts or comments would be greatly appreciated.

Chickywino
5:14am • #54

We bought our house in Texas almost 4 years ago. Our inspector who was recommended by our RE agent passed our house with flying colors. We started having plumbing issues about a month ago. The plumbers came out and we find out that every bit of our plumbing is wrong. None of it is up to code. The pipes are the wrong size, the vents are wrong, on and on and on. Of course we did not know this because we are not plumbers but the inspector should have known this! Our plumbing looks like the previous home owners did it themselves. I don't even know if we can do anything about it now but to replace our plumbing and get it to code, we are going to have to come up with about $2500. I wish that inspector had taken the time to really inspect the house because we would not have bought this home if we had known all of the issues we were going to have. The plumbing has affected our foundation and is causing our home to sink on one side. Not only that but we had termites 2 days after we closed on our house but we just sucked that one up and took care of it ourself.....chalked it up to being first time home buyers. I literally hate my home now and really dislike the inspector who said "this house passes better than most new home".......yeah, right!!

Gina
5:51pm • #55
APR
12
2012

I live in Evansville Indiana. I am 62 and was put on Disability from a Heart Attack which also burned out my Kidneys. I decided to purcahse a small cheap home to retire in. I got help from a organization called H.O.P.E with the Closing costs and Down Payment. Together the Real Estate Agent, HOPE and the Bank Hired a Building Inspector to Guarantee that our money was well spent. And to guarantee me with my health and fixed income I would be safe for a few years not to have LARGE Home Bills on repairs. The Home Team Inspection Service of Evansville did a Inspection and I was told found some things that needed repaired. After HOPE got the FOLLOW UP INSPECTION REPORT which said all repairs were made and REINSPECTED, I put up my part of Moneys. We Closed on the Home, I moved in.   ( NO REPAIRS WERE MADE ) I finally got the name and Phone Number of the Housing Inspector (((they hired for me ))). He came to my house to look at my Complaints. And I Quote , he said """This is the only 2nd time I been on the Property, I did not follow up on the repairs """. BUT, I have a copy of the report that he signed that all repairs were made, he even gives the Date he did the Follow Up Inspection On. And Yes, I found Out that this was the BUDDY SYSTEM, The Inspector is on the Realtors Web Site, they use the Same Bank. Nobody is claiming Responsibility. I slept on the Porch two nights because none of my 3 Air Conditioners work, and now I'm on Anti-Biotics from a Severe Sinus Infection because of Outdoor Pollen and Dew falling on me trying to keep cool. With 3rd Stage Chronic Kidney Failure I can not Sweat, It will kill me. Its the middle of April and Summers getting close, and I have NO Air Conditioning, no water to the Kitchen Sink, my new roof leaks on my Kitchen and Living Room Ceiling, Electric to my Garage is Dangerous, No Smoke Detectors, My Water Meter has not been read in 11 years and I have not found the Meter after looking for 8 Weeks  so I can not even dispute my first $70.00 Water Bill for 3 weeks service, and I live alone, I guess next months water bill for 8 weeks will be over $100.00 for my Estimated Bill.. Etc Etc Etc, The Inspector Signed that all these Repairs were made. I have the Report here in front of me. ISN'T HE RESPONSIBLE ??? IS THE OTHERS ALSO TO BLAME ??? Isn't is report also FRAUD and CRIMINAL. Do I also have any help that they took advantage of my age and health that I could not watch every move they made on my home purchase and repairs ?? I came into this with GOOD FAITH that everybody was doing their honest part, AND, I was tahen advantage of............... Gordon Wright, 1116 Cody St., Evansville Indiana, Gordonwayne49@Gmail.com.. Please advice and help locating a local atty.  812 401-7990

Gordon Wright
8:43pm • #56
MAY
08
2012

I recently had an issue with both our inspector and our agent,we were paying cash so a home inspection was not necessary we hired  one however the one tht just  had completed the inspection on the home we were selling,he seemed nice and thorough.After the inspection at the house we were buying my husband and I both present ,,thought he did not check the air conditioning,did he .Not being positive we referred to the disclosure also which said this was working .We thought he must have and we just did not notice him doing it .About a week after we bought the home weather not yet hot ,we turned on the air and no cold air ,the unit ran ,did not cool.We called a local heating and air guy who said he had been here about 6 months ago on the behest of a friend of the elderly owner who wanted to know approximate cost to replace the unit .At that time the lady was trying to sell it without an agent and had it for sale by owner.Apparently she knew it needed replaced.After we replaced the unit two of the neighbors approched us and said she had issues with the unit.One said that friends had been interested in buying it but she would not replace the roof or the air conditioning.It was an old unit.This caused them not to buy the unit.The inspector passed this house and said the unit was working did not note any thing about the unit other than it was ok.We feel like we were had somewhat ,because the seller did not disclose this and the inspector lied about it cooling .We understood it was an older unit and probably would in the future need replaced it angers us that this was not disclosed and not noted by the inspector.

Pat
5:34am • #57

We purchased a home in 2006 paid for an inspection.  Roof was new in 2006 and inspector passed it as that.  Now almost 6 years later we are having problems with roof leaking.  Found out from 5 different roofers that the roof is gone.  We have to get a new roof.  Very poor installation and venting.  Our bids are $13,000.00 to $20,000.00.  It is a one level home.  Who is responsible for this?  Shouldn't a roof last more than 6 years?

Pam
10:07am • #58
MAY
31

I purchased a home in 2008. I was told by the inspector that it did not pass code, but he would pass it anyway. I did not understand that it meant the home was unsafe, and needed MAJOR repairs. My real-estate agent was working under another agent, and did not tell me that this was a BAD thing. I did not understand that it meant the house was not sellable under these conditions. The windows will not open, we found (after an a/c leak, and removal of some carpet due to mold) that the foundation is cracked. The wiring is old and outdated, and this is just SOME of the issues. The previous owners had the hedge trimmed up nice and neat and it was like a thick wall, you could not see past it around the property line. When we started cutting it back ( privet...extremely invasive) we found a bunch of junk that was hidden when the inspection took place. Now we are looking at some MAJOR repairs. The prrevious owners hid most of the problems and did not comply with the disclosure agreement. It is almost 4 years later, the home has not been modified, due to the expenses of living here (utilities are VERY high) and have not been able to make any repairs. This was the realtors recommended inspector. Do we have any legal recourse, (we have an FHA loan) and trying to go through a modification, and need some good solid advice as far as what to do. I am at a loss, because honestly this is my first time buying a home, and it really should be torn down and a new one built. I believe that they valued the home WAY to high on top of all of this. What can I do (my husband and myself), I was single when I bought it, to get this situation corrected?

Tracy
5:42am • #59
JUN
20

We bought our home about 18 months ago. The house is over 60 years old, and has been converted/remodeled a few times, with mutliple owners over the last dozen years. At the time of the home inspection, many small issues came up, all of which we felt were reasonable and that we could fix over time. Last month, the pipe that drains our sink and dishwasher burst, spilling everything washed or garbage disposaled under our house. When we were able to get a plumber under there, we were told that the pipe had burst because of a blockage caused by improper piping. The plumber said that the plumbing was not done to code, and this is what caused the blockage and resulting rupture. He told us (and our home warranty company) that the entirety of this kitchen plumbing (which was done when the kitchen was remodeled under a previous owner) needed to be torn out and replaced to code, at a couple thousand dollars cost. Our home warranty company won't cover this, as it represents a code violation. I don't understand how this didn't come up in the home inspection, and I feel like it should have. Does a home inspection not notice code violations like this?

Angela
9:21pm • #60
AUG
07

I have a little question, as a home inspector in Ontario, There appears to be no clear dialogue on who should recommend a termite inspection before a home inspection or in con-junction with a home inspection, I feel this is the responsibilty of the buyers, as I am not a certidfied Termite Inspector in Ontario.I appreciate any clarity on this issue.

Bill Gosch
5:08pm • #61
AUG
19

June 20 post reply. Inspectors do not report on code violations as stated in the ASHI standards of practice. Some code violations are v ery obvious in the sloppy workmanship that had been done, but codes are changing on a yearly basis so the home buyer still has some work to do themselves, unfortunantely many are starting to believe that the Home inspector is the final step in the purchase. I have discovered many buyers do not read the report and/or access the hyperlinks information section of the report before signing off on the home. Code violations and termites are a big issue that i make clear to my clients are not in the inspection, verbally and written.

Bill Gosch
5:43am • #62
SEP
11

Got all of those other stories topped!! When we bought this house we were right out of 23 yrs in the navy with still a pretty trusting mindset. Living in military housing for over 24 yrs and with the V.A. loan and a V.A. inspector We were in th mindset the V.A. was looking out for US. Well after the first week of buying the house back on 2003 the whole main drain had collapsed and we had poop in the tub. $6 grand to fix that, then the Insurance Company said sorry can't insure the roof. By winter our floors started sagging, like 4 inches from the wall to the front og the fridge. Found out the sellers had not even measured the support beams which cracked the floors. The neighbors driveway is our property with a fence in between, How the hell do they miss these things. We went to level theinside  porch floor, and decided to take of the vinyl siding which was on the inside wall only to find asbestos underneath which was almost powdery, Yje seller by the way put the siding there and on the contract it said no asbestos lnown, BS He is still the main contractor for the town with ties to town council by the way. That cost us almost $1k, I removed it myself instead of having a pro do it, who can afford $21K, also had to illegally transport it 80 miles myself. The Foundation seals were rotten, with new wood just placed there not even nailed in. We had no gutters, drain spouts, which I found out the V.A. frowns on. Mold in the closet and bathroom ceiling. Basement is stone walls with the wonderful musty smell. Now our water heater went out last week, found out the furnace and water heater were never, NEVER vented into the fireplace and the whole backside of the furnace vent pipes were so bad, when He touched the back of the pipe it disintigrated and his fingers went right through it.  the man that replaced and fixed all that today with a liner said there was No Way in Hell the home inspector could have stepped foot inside the home at all. So for the past 8 years we have been exposed to constant Carbon Monoxide and Yes we have all the symptoms. I have had a cough and weird chest pains for the past 2 years. So to get a $400 water heater it costed about $3k plus a lifetime health issue. There was LIVE cloth wiring in the basement as well. I fought the town the state and called every lawyer in Ct with absolutely NO Help at all and almost went insane with the stress of it all. The Blatant disregard for someones health and saftey who is spending so much money is just beyond my comprehenshion. The hot wires, the carbon monoxide poisoning, floors all jacked up, property lines, The town building inspector, town hall, clerk title deed, collapsed main drain, basement leaks when it rains,  asbestos, not to mention roofing tar the size of tires buried along the side of the house that they covered with dirt because they let it run down the sides of the house then covered it and the asbestos with vinyl siding, We have dug up 20 bags of trash in the yard while I was trying to plant a garden. We are just hard working stiffs that try and abide by the law, Retired Military who only wanted a home  and a place to set our feet for more than 2-3 yrs at a time. This home buying ex[erience has completely hardened my heart and I Trust NO ONE in this town or state for that matter any more. It was supposed to be a little quiet corner town, when You looked up the town info at the time all we could find was good schools low crime and a peaceful little place, that all changed 3 days after we moved in when the car windshiled was busted out, Our cars have been broken into 6 times, tires slashed 3 times, fromt window of house broken with rocks in the middle of the night, stray cats so many you can't count, skunks burroughing under porch, chases by skunks in the day time and this house is only 2 blocks from town hall. This was our first home, I will NEVER buy another if we can even sell this one. Every other  home around here now are full of section8 lowlifes who have absolutely no regard for anyone else, drugs, sex offenders, police if your lucky MIGHT show up if you call. Why is it that the people who try and follow the rules always get screwed and the ones who break the rules get the breaks. If I have any advise to give it would be, GET More Than 1 Home Inspector and Never Trust anyone to DO THEIR JOB! Because Now a Days the majority of people don't care and are Greedy, Lazy, and Decietful. I used to have faith in people, I grew up where a hand shake and Your word MEANT something. Now that Hand Shake is clouded by how much they can take from You, scan You or just outright LIE to You Just like that V.A Home Inspector. if He would have done HIS JOB with Pride...... We would not be having all these health issues which now are due to His lack of character and yes My fault to for TRUSTING the V.A whom I thought was looking out for the saftey of a home and it's occupants. I have lost ALL FAITH, Trust and Hope. Very Sad what Our Society has come to, This is NOT the AMERICA I grew up in. Unless You have a ton of money to fight these people running the towns and state, Your nothing but a ant crawling down the sidewalk begging for a crumb and sidestepping the ones who try and stamp you out for their own prosperiety. Good Luck to all seeking that American Dream. The Leave it to Beaver and happy Days are just a memory, 8 years of carbon monoxide poisoning and a lifetime of illness to look forward to. 20+ yrs of serving our country and this is what we got to show for it. Yeah.

Cindy
9:20pm • #63
OCT
12

We had bought a home back in 2003 and everythg passed well today we noticed our wall was pulling away from floor called insurance adjuster he says well that was there along time the owner probally covered it up and now it is rotten can anyone tell me who i can call to get this covered we have water and homeowners it seems like everytime we nbotice things going wrong insurance always has a excuse

 

paula wiser
11:21am • #64
OCT
16

I am a seller in the process of seling our home. At the last minute before closing, I was told that after a home inspection by the buyers that their home inspector found asbestos tile under the hardwood floor.

First of all since home inspectors are required to be non invasive, i.e. cannot destroy or modify any part of the home during inspection, how could an inspector determine the presence of asbestos. I am assuming that they pulled a heating vent cover and may have noticed some for of tile under the hardwood, but determining asbestos by sight is unheard of.

Can I legally pursue the home inspectorÉ

Buster
5:45pm • #65
MAY
01

I've got news for everyone here and Mike Holmes. Inspectors do NOT pass houses, give guarantees or rate your house on any scale. They give a general opinion on your homes systems, ie; roof, exterior walls, heating, plumbing. The components of these systems are usually graded as acceptable, needs repair or defective/needs repair or replacement. They may give an opinion on how long they think a system will last but it's NOT a guarantee. They will also put into their notes who needs to be contacted to get any component that needs repair, replacement or a technically invasive inspection by a qualified professional. It's a difficult job as it is but we are not allowed to tear apart or damage any part of a house to look inside walls or areas that aren't accessible. I'm not saying there aren't lazy inspectors out there but blaming an inspector because he didn't take your furnace ducting apart and look inside is rediculous. Finding mold months later doesn't neccesarily mean the inspector didn't climb inside the crawl space or attic either. Maybe it was the dry season when they did and the mold didn't exist at that point. It's hard to say. I've found a lot of people ask for a verbal over veiw after the inspection and then don't bother reading the report. How do I know? I'm an inspector in Washington State and I get phones calls asking about items that are clearly outlined on my reports weeks or even months later. I don't mind answering the questions and pointing out the notes but it really makes me wonder if people really understand what it is we do or if they even read the reports. If they do read them, how many actually follow through with my recomendations?

We also don't point out code violations. We are't masters of building codes but we are required to point out hazardous, deficient or unsafe conditions. It's not always evident as so many critical parts of a home are hidden in the walls. We can only make opinions on the things that are visible. Something many people don't do is get a sewer inspection. This should be performed on the same day as the home inspection by a licensed plumber/sewer inspector. Home inspectors don't do sewer or pest inspections. All we can do is not conditions that are conducive to wood destroying organisms and make a recomendation for further inspection by a licensed professional in that field. Do some inspectors miss things? Yes they do and it's unfortunate we aren't all perfect.

Just remember, a hope inspection is not a guarantee or implied warranty at all. It's an opinion on the overall condition of visible systems that make up your house on the day the inspection was performed. I had an inspection performed on my house and the inspector didn't note that the basement, which was newly finished, was susceptible to flooding. The previous homeowner hid it very well and nobody noticed it, until it rained for a month the following winter and I had 18" of water in my basement. The flood destroyed everything I had stored there. I didn't blame the inspector. It looked great. He didn't know the sump was inadequate. He tested it and it worked. It worked while the basement was flooding but couldn't keep up with the water flow. It's not his job to make sure the pump could pump enough volume to keep up with peak water intusion. I don't even think a hydrolic engineer could know that. I replaced the pump, counted my losses and it never flooded again.

Dwight
5:02pm • #66

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Jonelle Simons

Park City, UT

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Windermere Real Estate

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