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

Answers:

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.


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