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Home Inspector Liability

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What is a Home Inspector?

A home inspector is any individual who performs a routine home inspection either for purchase, sale, or maintenance purposes. 

What Does a Home Inspector Do?

A home inspector examines a property’s mechanical systems, electrical systems, plumbing, basic structural system, and other essential parts of a residential building.  The inspector identifies material defects (e.g. something that affects value, livability, or safety of the dwelling) and provides notation of them in a “home inspection report.”

Can a Home Inspector be Liable for Failing to Identify Defects?

A home inspector must conduct a home inspection in a reasonable manner consistent with industry standards.  If the inspector fails to discover an important material defect that later affects the dwelling he may be liable for damages that result from his negligence.  The inspector can also be liable for breach of contract to whichever party employed his services.

What Else Should I Know about Home Inspectors?

Home inspectors are prohibited from: 

  • Making repairs to a dwelling they are inspecting
  • Inspecting a property that the inspector or the employer of the inspector has an interest in
  • Conditioning the outcome of the report upon payment of the inspector
  • Waiving liability by contract with any of the parties involved in the transaction

Should I Consult a Lawyer about Home Inspectors?

Suing a home inspector for negligence can be very difficult.  An experienced real property lawyer can help you prepare any necessary paperwork and represent you in court.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 09-21-2017 09:28 PM PDT

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