Cracked foundation on home inspection was far worse then was reported

I bought a home in san jose, ca last februrary. In the home inspection report was
listed a crack in the foundation that was 12 feet long and would cost 8,000
dollars to repair. Several months later June I had a different foundation
company take a look at the crack. They measured the crack at 23 feet and would
cost 20,000 dollars to repair. Is there any liability on the part of the
inspector that initially measured the cracked foundation and gave a low ball
repair quote?

Asked on July 5, 2016 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the home inspector accurately measured the crack and it was not foreseeable that it would enlarge over time, then the home inspector is not liable for negligence.
If the home inspector inaccurately measured the crack, the home inspector is liable for negligence.
If the home inspector accurately measured the crack and it was foreseeable that the crack would enlarge over time, the home inspector is liable for negligence.
If the home inspector accurately measured the crack and it was foreseeable that the crack would enlarge over time, but an unforeseeable event caused the crack to enlarge, then the home inspector is not liable for negligence.


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