The real estate home inspector is responsible if you lose any problems, whether major or minor, with any of the items on your checklist. Some may be minor, such as a leaky faucet, that a buyer would overlook and not chase after. home inspectors are impartial third parties who often give bad news to potential sellers and home buyers, which can lead to complaints. Most of them will be sued at least once in their careers, but that doesn't mean they're actually responsible.
Texas licensed inspectors must have professional liability insurance, but not general liability insurance. If the inspector damages the seller's property and the inspector is not insured, he can go after you for damage. Inspectors should keep in mind that they act as the homeowner's licensees when it comes to their own duty to warn. If there is an imminent danger or danger that could cause physical injury, the obligation to warn those who may be harmed outweighs any confidentiality owed to your customer.
Many aspects of a home or the property on which it is located are not the responsibility of the home inspector. In addition, a competent structural engineer receives a much higher salary in the commercial field than a home inspector in the residential field. Inspectors should always be hired by the buyer and it is important that he or she does everything possible to ensure a thorough inspection. Residential real estate regulations also protect the customer from poor practice standards or intentionally incorrect home inspection reports.
This type of fraud often occurs when an inspector advertises their own repair services along with their inspection services. However, if the inspector was hired by a city, municipality, or government, you may have to file a complaint with the specific agency that employs or is responsible for the inspector. Generally speaking, a local municipal board requires an inspection to ensure that the home meets local safety and zoning standards. If you think you may have legal claims against your inspector, it might be worth sitting down with an attorney and reviewing the contract you signed with your inspector.
If they did not discover a major material defect, and that defect subsequently affected the home, the home inspector could be held liable under the theory of negligence. Having a certified home inspection is a necessary component of the buying process during the “due diligence” period. We have 30 years of experience evaluating situations like yours and can help you determine whether or not you have a case against an inspector, builder or other party. The American Society of Home Inspectors requires 250 verifiable inspections completed prior to certification.
In general, both parties will read the home inspection report, agree on a price, and hopefully go ahead with the sale. Whether or not you have a viable case against the inspector depends on what you did or did not do and how you harmed him. Before addressing the issue of claims against the home inspector, consider filing a claim against the home seller. There are no major problems revealed by the seller, and the inspection returns with a clean health certificate.