What are our rights if a home inspection failed to disclose a structural problem with the foundation?

UPDATED: Sep 30, 2022

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What are our rights if a home inspection failed to disclose a structural problem with the foundation?

My wife and I purchased a home 2.5 years ago that was built 7 years ago and we noticed some cracks in the bricks. We had a home inspection done and there were pictures of the cracks in the report which stated it was not structural problem. We have had 2 strucual engineers out and both reports say it’s gonna be $15,000 to $20,000 to fix. Do we have a case?

Asked on February 8, 2016 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on whether the inspector's report, the engagement letter with the inspector, and/or any service agreement/contract with the inspector contained any language limiting their liability, such as stating they are not liable for any defects in the home, or that their liability is limited, at most, to the amount you paid for the inspection. If there is any such disclaimer language-which is very common in home inspections--it is enforceable, and you would have your ability to sue limited as per the languge. If there is no such disclaimer, then you may have a case, and should consult with a litigator (lawyer who handles lawsuits) to evaluate it.

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