Full question:
I just bought a new house in December and had an inspection done on it. The inspection never said there was any problems with the water pump or lines in the garage . Since then I have had 3 water lines break during the winter and the cold has caused the pump to leak bad. The plumber says that I should move the pump up by the house and redo the lines. His Estimate is $9675. Is the home inspector liable for this mistake . Do I have any claim against them or the realtor who sold me the house?
- Category: Real Property
- Subcategory: Seller's Disclosures
- Date:
- State: National
Answer:
I cannot provide a legal opinion on the viability of a claim. Real estate disclosure laws differ by location. Generally, a realtor is not liable for defects unless they provided a warranty or were aware of the issue. Some cases indicate that brokers are not liable for incorrect seller information if they had no reason to doubt its accuracy. A prudent broker should ask the seller for written information if available. Buyers may receive disclaimers stating that the broker does not guarantee the accuracy of such information. Often, real estate disclosure statements protect brokers from liability, but not all property conditions are included.
Whether you can hold the home inspector accountable for missed defects depends on if the issues were visible and within the inspection's scope. This determination is influenced by the inspection contract terms and what it covered. If the contract does not address this, a court will decide if the defect should have been discovered based on circumstances and industry standards. Home inspectors typically disclaim liability for defects not readily visible, such as those located underground, under floors, behind walls, or inside appliances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.