What to do about a possible false claim by a home inspector?

We are selling our house and had interested buyers, however they had a home inspection done and the inspector told them that our DUCT HVAC work had suspicious material that looked like asbestos lining. He told them he was 95% sure. We obtained a copy of the report and it states that it is asbestos lining. We lost the sale so we are in the process of getting it tested. We would like to know if we can take action against him for stating it in the report that it was asbestos when it hasn’t even been tested?

Asked on September 18, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your home was built before 1972 the chances that the duct work you have described having asbestos is high. Ordinarily reports by third party home inspectors are simply opinions and are not actionable under the laws of all states in this country.

You have the right to sue the home inspector for your failed sale. However, you do not even know what the test results are as to the duct work. Based upon my experience in such matters, the chances of you succeeding in a lawsuit based upon the "opinion" criteria seems remote.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.