Is inspector liable for not catching foundation issues?

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Is inspector liable for not catching foundation issues?

I bought a home 11 months ago. We noticed a crack in one of the bedroom walls at inspection and the inspector stated it was normal for older homes to have cracks due to settling. Then, 6 months later, we began having major issues like doors jamming, base boards separating from the wall and large horizontal cracks appearing. A structural engineer came out and informed us there was $13,000 worth of foundation repair needed. Is the inspector responsible for not catching this? Shouldn’t walls have been measured to ensure the floor was level throughout the

home since this would have caught the discrepancy?

Asked on November 7, 2016 under Real Estate Law, Arizona

Answers:

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

Answered 4 years ago | Contributor

The home inspector is liable for negligence.  Negligence is the failure to exercise due care which is that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm.
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs.


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