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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption