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Home Inspector Negligence
Protect Your Investment: Seek Accountability for Home Inspector Negligence
Purchasing a home in Rhode Island represents a monumental financial investment for most individuals. Crucial to this process is not only engaging an attorney to safeguard your interests but also hiring a competent home inspector. Their job is to perform a meticulous review of your potential home, uncovering any hidden defects that may not be immediately visible or disclosed by the sellers.
When Home Inspectors Fall Short
Regrettably, there are instances when homeowners discover significant issues post-closing. These are problems that, had they been known prior to the purchase, would have had a profound effect on the decision-making process. If a home inspector falls short in their duties, homeowners have several options at their disposal:
- Negligence Claim: Establishing an inspector's negligence can be challenging, particularly if a comprehensive inspection report was approved by you. Nevertheless, a second opinion from a different inspector might highlight negligence on the part of the original inspector.
- Fraud Claim: Unfortunately there may be situations where a home inspector inspector may have been referred by an interested party and the home inspector may be influenced by the interested party to provide a report that may not disclose the actual condition of the property. In this situation, a fraud and civil conspiracy claim may be necessary.
- Breach of Contract: If negligence can't be substantiated, you might be able to demonstrate a failure on the part of the inspector to conduct specific tests as outlined in your agreement. If a particular task was overlooked, a breach of contract claim could be feasible.
- Be Cautious of Exculpatory Clauses: Be diligent when reading your inspection contract. Some contracts contain clauses limiting the inspector's liability to just refunding the inspection fee if a substantial defect is later discovered.
Seller's Liability
Upon uncovering problems with their new home, many individuals' initial reaction is to pursue legal action against the inspector. However, it's also critical to consider whether the seller could be held partially or wholly responsible. If the seller was aware of a defect but failed to disclose it prior to the sale, a case could potentially be made against them.
Your path to understanding your options and potentially recovering damages begins with consulting the experienced Rhode Island real estate attorneys at Bilodeau Capalbo, LLC at 401-300-4055.
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