Lehi, UT 84043 In the state of Tennessee, the Home Inspector Licensing Program was enacted in April 18, 2005, to ensure that only qualified individuals are licensed home inspectors and that the licensed inspector provides Tennessee consumers with a professional, educated assessment of their homes condition. A home inspectors job is to provide impartial third parties with information about potential home buyers and sellers. . Firms, FindLaws team of legal writers and attorneys, home inspector lawsuit case from North Carolina here, Excellent records of the issues and appointment, Voice or video recording of the report appointment (some states make it illegal to record someone without permission), Photos, written documentation, or video of any damage. If you think the inspector skipped a step, you may be able to sue them for breaking the terms of their contract. For example, the inspector may include wording in their contract that only requires them to repay the buyer for the cost of the inspection, if necessary. In it, they highlighted the general exclusions in the pre-inspection agreement, which included mold. When the roofer arrived to the property and saw the roof, he refused to perform the repair work. Less than a month post inspection, a home inspector received an attorney letter alleging that he failed to detect an active water leak in a bedroom and its bathroom, which led to foundation issues. These states may have higher costs of living than other states, which will have an impact on the salaries of their inspection officers. The inspector's firm might have insurance to cover minor settlements. If you successfully sue your inspector, you may be able to recoup some of the costs associated with a home purchase or sale. Our claims department sent the claimants a denial of liability letter, a formal letter that rejects the claimants allegations and highlights some of the key reasons why the inspector is innocent. PHIIs Tennessee home inspection course can be completed in 1-2 weeks, depending on your previous experience, as long as you have previous experience. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Instead of notifying us immediately, the home inspector wrote his own reply to the attorney letter. If you are successful, you may be awarded compensation for your damages, which could include the cost of repairs, the value of your home, and other costs. We closed the claim at no cost to the home inspectornot even the cost of his deductible. Because the mold was visually identifiable. What You Need To Know About Filing A Claim Against A Negligent Home We make every effort to keep our articles updated. An example is when the home inspector skipped items on a checklist which resulted in water leaks or faulty electrical wires. For the plaintiff to win a negligence claim, there are four elements that he or she must prove. In it, he explained that he had performed a limited, non-invasive condominium inspection that did not include the attic. Join over 30,000 home inspectors who receive risk management tips twice a month from the InspectorPro newsletter. The best way to prove that your inspector was negligent is to show that a reasonable inspector, looking at the same place, would have discovered the defects. With the Sue Now product, all you have to do is: Once youre done, DoNotPay will automatically generate a demand letter or court filing forms for you. It is not uncommon for inspectors to include an exculpatory clause, which limits their liability if the inspection is found to have occurred. After the home inspector reported the claim, our team issued a denial of liability letter to the claimant. To prove the home inspectors liability, the following scenarios should be present: A client suing a home inspector may resort to different legal claims such as negligence, breach of contract, or misrepresentation. Homeowners Insurance Claims Do's and Don'ts: Are You in the Know? Lastly, be sure that, whenever you refer another company business, you do so safely. Do not pass or fail an inspection of a home. Also be sure to take photos of the area before starting any clean-up efforts, both to show the extent of the damage and to provide any clues about whether old problems might have been visible during the inspection itself. In this article, we will explain the liabilities of a home inspector and what legal elements you must prove if youre suing a home inspector in. Flailful lawsuits and indemnity claims have different laws in different states. To prove negligence, you must be able to show that the inspector did something wrong (typically something another inspector wouldn't have done) and that their action or inaction directly caused you damages -- usually the cost of fixing the defects. Photo credit: iStock.com/RichLegg, iStock.com/zimmytws, iStock.com/mediaphotos. You must keep the report private, and hold the company harmless if the seller or a third party brings a claim against the company. Most of them will be sued at least once in their careers, but that does not . The plaintiff must prove that the inspector was negligent. Text. In this article, we will explain the liabilities of a home inspector and what legal elements you must prove if youre suing a home inspector in small claims court. Some clauses include language that specifies the inspector may only refund the cost of inspection if substantial damages are discovered later. It is entirely up to the home inspector to determine how badly he or she messed up, but the inspector is not held liable for any injuries. Before suing a home inspector, you should ask yourself if your side of the case is strong enough. Visit our attorney directory to find a lawyer near you who can help. On the contrary, these should help you better understand how the inspector might argue their side, and what you need to think about to understand your case's strengths and weaknesses. Home Inspection Lawsuits | LegalMatch Therefore, its important for home inspectors to be particularly cautious and vigilant. Some people feel that home inspectors who sue their clients are acting in bad faith, while others believe that such lawsuits are sometimes necessary in order to protect the interests of the home inspector. With the SmartAdvisor program, you can narrow down your options from thousands of advisors. For the plaintiff to win a negligence claim, there are four elements that he or she must prove. If you are thinking about suing your home inspector, you should first consult with an experienced lawyer to discuss your case and see if you have a valid claim. Before agreeing to buy a house, you may also want to make sure youre buying something that you can afford by getting your finances in order with the help of a financial advisor. To learn more about roof damage claims and how to avoid them, read our stand-alone article on the subject here. Many insurance carriers require inspectors to notify them of claims and potential claims immediately so they can provide early defense. The Home Inspector Licensing Program was created to enforce the law and rules . 7 Ways to Up The Price of Any Home Youre Selling, Different Types Of Nursing Homes In Henderson County NC. Verify what mold coverage your policy includes, if any, and what coverage you might add to limit your liability. If you feel that your home inspector failed to properly inspect your home and as a result you suffered damages, you may be able to sue the home inspector in Michigan. Phone the toll-free USDA Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854) or report the complaint online. And if those sellers are on a budgetwhich they often arepoor do-it-yourself repairs may occur. But the construction companys letter was inaccurate. After much deliberation, our claims team was able to settle the claim with a refund of the inspection fee and a signed release of all claims. Even if a licensed inspector says to buy the house or cancel the sale, the decision is yours alone. Rockville, MD More, 7 Things to Do If You Receive a Complaint: ASHI Webinar He photographed but did not call out the water stains on the exterior siding, the company wrote. Your case may be affected by the details of your circumstances as well as the home inspector you hired. All complaints submitted to the Tennessee Division of Regulatory Boards are subject to the Public Records Act, T.C.A. Home Inspection Advisory Committee 124 Halsey Street, 6th Floor, P.O. The inspector checks for structural and safety issues as well as any violations of local housing codes. Copyright 2023, Thomson Reuters. If the inspector fails to prepare a thorough report summarizing what he did and all his relevant observations, that could be grounds for a lawsuit. Problems can arise, however, when an inspection doesnt reveal something that a homebuyer would have liked to know about before closing on their home. June 8, 2023 In this case, the breach of the contract could lead to consequential damages; that is, damages that were reasonably foreseeable from the breach. Fire Damage Insurance Claims Tips & Advice For Dealing With A Claim Real estate agents, home buyers, home sellers, and home inspectors all have important roles to play in real estate transactions, which work best when everyone plays their roles with totality and integrity. 2600 West Executive Parkway, Suite 500 In their response, they argued that the polybutylene pipes were present in not just the attic but throughout the condo. But again, youll need to prove that your seller was aware of the defect. How Much Do I Need to Save for Retirement? File a Complaint to Home Inspector Licensing Program - Tennessee In so doing, those providers cap the mold endorsements limits of liability, meaning you get less coverage for mold claims. Given the recent housing market collapse and the increased awareness of the importance of home inspection, this growth is likely to continue. According to the letter, the previous inspectors discovery coupled with our inspectors admission at the reinspection proved our inspectors negligence. Or, if you purchased a newly constructed home, you might have legal claims for defects against the home builder. The legal action is typically based on the clients contract with the home inspector. CA License #0F79372. Inspectors do not intrusively inspect a structure; they do not poke holes in walls or move boxes or furniture. Whistleblower Protection. For this reason, with InspectorPro, you get tailored insurance for your home inspection business at a reasonable price. A home inspection is a necessary step in the process of relocating. SmartAssets services are limited to referring users to third party advisers registered or chartered as fiduciaries ("Adviser(s)") with a regulatory body in the United States that have elected to participate in our matching platform based on information gathered from users through our online questionnaire. For example, the contract might have required the inspector to perform certain specific tests on the pipes. (InterNACHI) current Standards of Practice. than the final outcome. If you feel a Home Inspector has acted in an unethical or unprofessional manner you can file a complaint with CAHPI or the Provincial licensing body, and they will answer your complaint fairly and responsibly. The owner of your home will shorten your to-do list if he or she fixes a leaking faucet, replaces a missing doorstop, or re-attaches a downspout. Home inspectors are impartial third parties who often deliver bad news to prospective home sellers and home buyers which can cause complaints. But in the end, the claimant ceased demands. Here's our list of the 12 most common areas of inspection for which claims are made against home inspectors: Water damage (non-roof) Water damage (roof) Foundation. Facebook class action lawsuit settlement: Who's eligible, how to file claim Even if you did, in fact, make a mistake, saying so could make you more vulnerable to additional claims or could jeopardize your insurance coverage. We do not manage client funds or hold custody of assets, we help users connect with relevant financial advisors. Buyers are not usually entitled to recover damages from contracting parties if they are negligent, but this is a legal concept. California, Florida, and Texas are three of the states with the highest paying home inspectors, according to BLS data. If you can demonstrate that the inspectors findings caused you harm, you could have a good case. Jennifer will be a Legal Writer for LegalMatch in 2020. A confidential negotiation or mediation might be the best mechanism to achieve a settlement of your claims against your inspector. A client asserting claims against a home inspector may rely on a variety of legal theories, including negligence, breach of contract, and misrepresentation. Therefore, the attorney argued, our home inspector owed the tens of thousands of dollars required to replace the polybutylene pipes on the property. Choosing a home inspector should include their certification and experience. Ultimately, it is up to the individual home inspector to decide whether or not to sue their clients, and each case must be evaluated on its own merits. Can You Be Fined By Your Home Inspector For Negligence? Since receiving this claim, our inspector home inspector has a contractor verify all repairs at the time of the inspection. Above all, we recognize that obtaining or switching insurance providers can be stressful for you. They might also counter-sue you. (To learn more about pre-claims assistance, read our in-depth article here.). Dont let your next allegation be a battle of he said, she said. Take lots of pictures so that you have a photo to back you up in every scenario. It is also necessary for a home inspector to pass an ethics test and a competency test. While its not an easy process, it is possible to get compensated for damages if you can prove that the home inspector was negligent in their duties. They will look for any signs of water damage, termites, and pests such as mosquitoes. You may want to sue after reading the inspector's report if they committed professional negligence. Along with home buying, she also offers small business and banking services. If you want them re-inspected before signing the home sale contract or close of escrow, you have the right to do so.