> Recourse after a bad home inspection?

Recourse after a bad home inspection?

Posted at: 2015-03-04 
Normally the language in an inspector's contact is so full of holes it look as if it is Swiss cheese. If you would think this is worth it you might consider s law suit in small claims court against your inspector, your real estate agent and the seller if you think they were not forthright in their disclosures of the pool being in need of repair. The problem is you would need to prove the were aware the pool was in need of repair. You know t he sellers are gonna say, we have used this pool for ___# of years and have had not problems with it. Had there been something wrong with the pool, their inspector would or should have noted it on the inspection report.

A three day right of rescission is for a property owner that is in the process of refinancing their house. Normally if you are in the process of purchasing a house you have the ability to cancel a long time before closing or singing your mortgage loan docs.

It might be that the pool was in need of repair, however, the repair would not prevent your use of the pool in any way and was considered minor in the eyes of the inspector.

I am at a loss as to why a person in the process of buying a house would use an inspector. Most are referred to by a local real estate agent who have a stake in the closing of the transaction.

I use construction companies for this purpose. they do not charge anything for an estimate of the cost of repairing anything. If they do find damage or potential damage they would provide an estimate to repair the damage or potential damage.

They have no stake in the transaction whatsoever. They provide you a copy of their findings immediately upon completion of the inspection.

I might use several of these contractor for plumbing, electrical, and if there is a pool, you should use a pool guy.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

Just a thought. You can sign away your rights but if they miss something expensive, they are liable. Suing here in Texas is useless because you can't collect. I would talk to my attorney and see what they can come up with. I would also have another person inspect the pool for a second opinion. I would take those to my attorney. Again you need to talk to an attorney but here you do have a three day right to cancel a contract. You need good legal advice. I would get out of the home and I would minimumly report that inspection company to the better business bureau and make a fuss about them to the real estate company...especially if they recommended them. I had an inspection on my last house and it was useless. They missed a huge crack on the back of the house that I believe the real estate people stacked old wood up to cover it. The real estate people also stole an old hanging glass lamp which they gave me a pittance for when I complained. They tried to say I would be foolish to cancel the contract over a stolen lamp. I would because I don't like to deal with crooked companies and I will do what I can to be sure the word gets out about them. I got my license long ago but never used it. I was told that as a real estate agent, I was bound to list all problems with a house or I could lose my license. Keep that in mind too.

You cannot go back on this deal, it is over.

Did you pay for the home inspection or the current owner??? You can possibly file suit with the inspection company, but you can ask a lawyer about that as those inspections are not definitive.

Lastly, are the people saying the pool needs plastering also the people who will do it for you? They have a reason to say you need work done, just know where their incentives lie.

If you "paid extra" for a pool inspection, you may have the right to expect a somewhat competent report on its condition, such as whether it needs to be replastered. If the inspectors intentionally misrepresented themselves as being somehow qualified to give such an opinion, you might have a valid legal case to discuss with your attorneys.

A privately contracted "home inspector" is universally useless for anyone with a specific concern about using any part of any building. For that, you would need to hire a licensed professional engineer.

You do not have the right to cancel, you have already closed. If you were so worried about the pool, you should have had your estimates done during your inspection period. Why would you get estimates if everyone thought the pool was fine?

The people who do the pool work have told you it will cost 5k. They want to make money. They stand to benefit. The inspector told you it was acceptable. If the inspector said it was ok then why did you even call the pool people.

Cancel the sale? No! Your inspector's liability is probably limited to the cost of the inspection. You have no recourse against the agent nor the seller, especially if you used the "as is" contract.

The sale is done, you can't cancel now. You can possibly go after the inspector.

Read your contract. You likely have no recourse. Home inspectors are useless. They have you sign away your rights to sue them or hold them responsible for what they say in their report.

why didn't you get those estimates BEFORE you made an offer? and why were you getting estimates if you thought the pool was okay?

We just closed on a home and now find out that our pool needs replastering at a cost of $5000. We had a home inspection and paid extra for a pool inspection and they said the pool condition was acceptable. But we have had two estimates and it is not, needs replastering. What recourse do we have with the sellers/inspectors or our real estate broker. Do we have a 3 day right to cancel in Arizona? Any help?

Replastering is considered a cosmetic repair and the inspector knows it would not interfere with the enjoyment of using the pool. It would be different if there was an equipment issue. Therefore, after the fact issues are not legitimate reasons to cancel a contract. In fact, you would be in breach of contract and the seller could sue you. Buyer Beware!