What can I do if a home inspector doesn’t provide the services that he said that he would?

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What can I do if a home inspector doesn’t provide the services that he said that he would?

I recently had a home inspection conducted by an inspector who said that he would conduct a 203k home inspection, which is what I needed. I asked him several times before if he new how to handle this kind of home inspection and he advised me that he did. After he completed the home inspection I asked him again if he would send the 203k report and he claimed that he would. Unfortunately the report I received was for a regular home inspection and I have tried contacting him and he does not answer nor return my realtor’s phone calls or mine. What can I do?

Asked on August 28, 2010 under General Practice, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, make sure that the correct one is done so that your need and the time frame for whatever you need it for is covered.  I am assuming that you paid him?  Did you have a written contract or was the contract verbal?  Verbal contracts are valid (except in certain circumstances that fall under the "Statute of Frauds") so you can do what you need to sue him under the contract for the money back.  That would probably mean taking him to small claims court. Was the realtor - or anyone else - a witness to the contract and the terms that you will need to prove?  Did you show him any documents that would confirm the requirement of the 203k that you are referring to?  Ask the realtor if this type of inspection is "standard" in the industry and should have been known by a person who claims to be an expert in this area. All this will help you prove your case.  Good luck.


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