There's severe water damage to the corner of our house by the kitchen. The water comes up under the new hardwood floor after a good rain. retards didn't angle the drainspout away from the house so it all poured into the house. We got a tube to fix that problem but the damage is unknown, since we couldn't get under the house to see it. The hardwood floor is already warping and it's fairly new. The sellers did not live in the house but they did put down the floor, shouldn't they have seen this? Of course they have reason to ignore it, fixing it will be costly. Secondly, the home inspector should have caught this when doing the walk through, the damage is evident. Plus he somehow missed the drainage pipe for the sewage that's right next to our gas water heater, the handyman said it was illegal.

We did get a home warranty but they don't cover "secondary damages" like this.

Do we have a case or not? my realtor is trying to halt me from ringing the neck of the inspector but I feel I am completely justified in this.

HALP

8/9/2007 2:10:13 PM

Legally, you're screwed. 99% of home inspectors have clauses in their contracts that limits their liability to the amount of money you paid them. I suppose you could get your few hundred bucks back, but even if the damage is in the thousands, the inspector isn't liable.

8/9/2007 2:17:46 PM

Awesome.

8/9/2007 2:18:55 PM

you could tell him to pay for it or you'll make a full time job out of a negative publicity campaign. put the guy out of business, kna mean

8/9/2007 3:02:51 PM

Quote :

"Legally, you're screwed. 99% of home inspectors have clauses in their contracts that limits their liability to the amount of money you paid them. I suppose you could get your few hundred bucks back, but even if the damage is in the thousands, the inspector isn't liable."

Not so. A Home Inspector cannot free himself of negligence with any contract, waiver, etc. t is simply intimidation. There is a reasonable expectation of work and if you can prove the inspector failed then ahe will be found liable. Of course if the damage/problem is hidden and not discovered through acceptable inspection techniques then he will likely be clear. However, the previous homeowners would clearly be liable since they knew of the problem from the floor change. It will require a lawyer but you can most definitely go after him and the previous homeowners. Heck, someone here at work recently sold their house and the new owners have sued him, the owners before him, and the inspector. They are in the middle of reaching a settlement. Call a lawyer that specialize in "real property law" and they will likely consult you for free.

8/9/2007 3:26:37 PM

^What he said. My father-in-law is a home inspector (a great one) and he has a clause in his contract that states that he cannot be held liable for finding every single flaw during an inspection. However, it is reasonable to assume that your inspector would find major damage, such as the damage that you have listed, as normal inspection procedures (like going into the crawlspace) would have made that problem clear.

A few things to consider though. First, are you sure that this has been an ongoing problem since before the previous homeowners replaced the floor? Second, the water damage may not have been as extensive during the inspection, especially if it hadn't rained in a while, so this could be why the inspector missed it. In any case, it is worth you contacting a lawyer to get these questions answered truthfully.

8/9/2007 3:40:49 PM

Quote :

"Not so. A Home Inspector cannot free himself of negligence with any contract, waiver, etc. t is simply intimidation. There is a reasonable expectation of work and if you can prove the inspector failed then ahe will be found liable."

Bingo. Do not be intimidated by those kinds of contracts. You are paying them for a service, if their faulty service causes you harm or loss be it money or something else, they are responsible if the problem was there when they inspected it.

8/9/2007 3:54:23 PM

Quote :

"the water damage may not have been as extensive during the inspection, especially if it hadn't rained in a while, so this could be why the inspector missed it."

That's the kicker right there. You didn't notice it when you walked through the house, so it may have happened after. You also said that you can't get under the house-maybe the inspector couldn't either? It sounds like the home sellers would be more at fault than the home inspector....

8/9/2007 4:05:49 PM

There's a spot near the side of the house that is really damp and has been for the last five 95 degree days. You can't get under the house to that area. Is the home seller liable even if they never lived there?

8/9/2007 6:13:14 PM

8/9/2007 7:10:02 PM

Holmes on homes?

8/9/2007 7:21:19 PM

Quote :

"There's a spot near the side of the house that is really damp and has been for the last five 95 degree days. You can't get under the house to that area. Is the home seller liable even if they never lived there?"

yes, they are liable even if they never lived there. In fact, it may even help your case because they have less of a leg to stand on in terms of "Well, it wasn't like that when we lived there cause we would have noticed." Just call a real property lawyer and ask for a free consultation on the case. I'm sure you'll get your due.

8/10/2007 12:06:26 AM

Are home inspectors required to be bonded? It seems like they would be.

8/10/2007 12:41:29 AM

Is the AC unit condensation drain around this damp spot? It might be unrelated to the rainspout issue.

8/10/2007 12:51:27 AM

Yeah a clogged AC drain could fuck some shit up this time of year. Is your ac upstairs?

8/10/2007 2:10:41 AM

The AC is about six feet in front of that wet corner, don't know if the drain is there...


AC is not upstairs....we only have an attic.

8/10/2007 8:34:38 AM

Did you get a Property Disclosure Statement? If not, then you probably can get out of the contract or force the previous owner to repair the problems.

http://www.ncrec.state.nc.us/forms/rec422.pdf

8/10/2007 8:58:30 AM

i would contact an attorney.

possibly contact the flooring contractor. tell the previous homeowner that you like his work and want to hire him for something like tile in the bathroom as not to arouse suspicion and get his number if you don't already have it.

call the contractor and ask him if he noticed water damage during installation. if he did, then most likely the previous owners have committed FRAUD(non-disclosure) in which case you can recover the cost of the home, attorney's fees, etc.

But all in all, you would be wise to contact an attorney before you go about trying to handle this yourself.

^and if they told you about it in some paper work that you failed to properly read, then he is right, you are fucked

[Edited on August 10, 2007 at 10:53 AM. Reason : edit]

8/10/2007 10:53:14 AM

I still don't understand how you failed to see the water damage during your walk-throughs prior to purchasing the house.... was there a rug on it or something?

8/10/2007 11:01:06 AM

Is the inside part of the AC in the attic, or is it in a storage room in the house, or is it under the house, if its in the attic that might be where your water is coming from. Water drains out of that part of the AC when it collects as condensation. (same thing as the water that drips out of your car in summer) If its in the attic and the drain is clogged its probably dribbling all through your walls and shit.

8/10/2007 11:56:36 AM

^^ I'm guessing they put down new hardwoods right before selling it, so the damage didn't actually happen until after they bought the house.

I always assumed that a house was sold caveat emptor and that you were supposed to find any problems before buying it. I'd hate to sell a house and have the buyer sue me several months down the road.

8/10/2007 2:01:53 PM

previous homeowners dont have to tell you about every single problem there might be in the house. they have to fill out a disclosure form about the MEP and structure but even on there they can check "no representation." the inspector should've probably caught it but that is debateable, especially if it hasnt rained. it is not his job to warranty the house, only inspect it. you are probably going to have to suck it up and fix it. it is part of being a homeowner.

8/10/2007 2:31:21 PM

Quote :

"call a real property lawyer"

8/10/2007 4:22:21 PM