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How to I legally pursue this home inspector?

5K views 28 replies 16 participants last post by  chrisBC 
#1 ·
I bought a three story single family home last year, and hired a home inspector to go through before I bought it. The home inspector gave me a report that said the exterior was acceptable and in no need of any action. I bought the house, took out home insurance, and the home insurance's own inspector came and saw withing minutes of being there that the brick needed repointing and around almost the entire unattached portion of the house. They also sent me a letter saying that they would no insure me unless I get it fixed, and that's going to put me at least $6000 in the hole. I spoke with a lawyer who does not handle a claim this small, and he recommended that I hire an expert witness/home inspector who can go through and find out what below the professional standard and would be considered negligent/malpractice. That could cost another $1000 (at least the person he recommended) and the home inspector may find even worse things that were missed the first time. I want to get at least the money back for the repairs and the original home inspection, plus for the second home inspection if I can. how do I handle this? It sounds like its too small to hire an attorney, but I thought small claims court (in Massachusetts) was only for claims $2000 or less? Should I contact them directly to try to settle it? I filed a complaint with the Massachusetts Attorney Generals office, but the lawyer I spoke to seemed to believe that it wouldn't get me anywhere. Any advice on how to move forward would be great.
 
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#2 ·
Tuck pointing is more of a minor maintance issue unless it's really really bad.
How about some pictures.
I'm having a hard time trying to picture something so bad an insurace company would have picked up on it unless the foundation was completly shot.
Unless there's something missing in you post that price to just tuck point sounds way off.
Around here you could build a whole foundation for a 1200.00 sq. ft. house for that.
 
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#3 · (Edited)
At best you may be able to get back the cost of the inspection. I do not think you would ever be able to get back the cost of repairs.

Did you read any disclaimers in the report:

REPORT LIMITATIONS
This report is intended only as a general guide to help the client make his own evaluation of the overall condition of the home, and is not intended to reflect the value of the premises, nor make any representation as to the advisability of purchase. The report expresses the personal opinions of the inspector, based upon his visual impressions of the conditions that existed at the time of the inspection only.

Inspections are performed in accordance with the American Society of Home Inspectors standards of practice a copy of which is attached to this report.
The inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered.

No disassembly of equipment, opening of walls, moving of furniture, appliances or stored items, or excavation was performed. All components and conditions which by the nature of their location are concealed, camouflaged or difficult to inspect are excluded from the report.
Any opinions expressed regarding adequacy, capacity,
or expected life of components are general estimates based on information about similar components and
occasional wide variations are to be expected between such estimates and actual experience.
To the best of our knowledge and belief, all statements and information in this report are true and correct. In the event of a claim, the Client will allow the Inspection Company to inspect the claim prior to any repairs or waive the right to make the claim. Client agrees not to disturb or repair or have repaired anything which may constitute evidence relating to the complaint, except in the case of an emergency.
 
#5 ·
You need to start by carefully and thoroughly reading your contract with the inspector. If the inspector did what the contract obligated him to do, you have no case, and should get on with your life. If the contract clearly obligated the inspector to inspect and offer an opinion as to the condition of the tuckpointing on the brick, and the inspector failed to do so, you may have a case, see an attorney. As to how much, if anything, you can collect, see an attorney. As to whether it is worth the money, time and effort to pursue this claim, perhaps a priest, rabbi or minister would be the party to consult on that question.
 
#6 ·
I should be a little more clear about the condition of the house. It's a rowhouse and is attached on one side. The the open side and the back are in such bad need of repointing that the mortar is missing, bulging out, and bricks are missing and falling out. I know nothing about masonry or what exactly consititutes as acceptable brick condition so when I was told it was acceptable, I took it at that. But upon consulting a mason, he showed me what was wrong, why it was wrong, and why it was so bad. The insurance company's inspector caught it withing minutes of being there because it's so apparent. I'll have to check about liability, but I think that this is willing misrepresentation and/or malpractice. This was a realtor's inspector, and I think this was swept under the rug. So he can call out the peeling paint on a bit of window trim, but totally miss a near-crumbling brick exterior?
 
#9 · (Edited)
This was a realtor's inspector
I know it is after the fact but never, ever, ever use a home inspector that is referred to the buyer by the buyer's realtor.

If the home inspector "fails" everything or finds and points out EVERY fault with the home, the buyer may back out and the sale falls thru.

The realtor gets no commision, the home inspector gets kind of black-balled in the real estate community and no realtors will want to use that inspector that often.
 
#12 ·
Honestly, there is nothing you really can do, other than if your state handles the licensing, contact the agency that does it, and file a complaint. The licensing authority reviews that info, and if there is enough bad complaints, they can review upon renewal of their license, when it comes time.

Really with home inspections, it is no different than you and your neighbor standing there looking at it, or really hiring the kid next door to do it. Take what they did and use it as a punch list to look further, or call in a GC to go over the report, and do their own inspection of the property to see what else was missed.

Our's mentioned about the roof appearing new, but could not see at where the wood 1x6's were not cut back, and rotting away. We only caught it after the previous Winter in 2006, we had a Ice storm, and it was enough to cause the roof to start leaking at that point.

If you ever watch Holmes Inspections, Mike Holmes even mentions every now and then, that us humans do not have x-ray vision, and stuff is going to be missed. Even if the inspector is very thorough, they will and do miss stuff, that you would not think that they could have, with the report they gave you.
 
#13 ·
Also to add, sounds like you need to find a new Homeowner's Insurance company. They sound more of the type that they want "certain" people and structures, and your's probablywould cost them too much money if something happened, and from the sounds of it, appears that from the start they really did not want you as a customer. Did you happen to get a second opinion with a competent Mason, after the idiot from the Insurance company threw you that curve ball?
 
#16 ·
I'm going to get pictures as soon as the rain lets up. I'll tell you this: It's not superficial. I removed wet drywall from behind one of the worse looking areas and the brick is wet. I have water coming all the way down the inside of the house. But the licensed and certified mason I had come look at it told me that it may have never been touched in the 80+ years of it's existence. Only the front of the house is pictured in the report, and guess what? That's the only part of the house that look great. As in, several orders of magnitude better. Go figure. I'll get pics when I have a chance. I want to make something clear though: I'm not trying to pursue this company out of spite or resentment. I am a first time home owner, just married and out of college, and have 0% experience under my belt in home buying and judging defects in a house I want to buy. I'm struggling to keep us above the water as the only one with a job at the moment, and I feel that being slapped with this kind of hardship is experience (yes, I get it) but one that will seriously screw me. I'm going to be looking for a new homeowners policy. This one is still processing a claim for when my house was broken into just after buying where they took all the kitchen appliances and all my tools and equipment. So if they cancel me I might retroactively not be covered for that. I don't mean to sound vent-y. I'm just trying to figure this one out.
 
#17 ·
All inspectors miss things. Mine missed a roof leak and a shower head leak ($2,000 in repairs) both of which surfaced weeks after buying the house. I blame the previous owners as much as the HI. They had to know about both issues.

In your case though, it sounds as though the HI may have been negligent -- if the damage is as bad, and as clearly evident as you say it is. Did you specifically raise the condition of the brick as a concern during the inspection? If so, and he said it was fine? Then you may have a case, I don't know.

I would look for a residential real estate lawyer who is willing to take on a smaller case.

It's easy for us to say learn from it and move on but $6,000 can really set someone back.

You had all of the major kitchen appliances stolen from your house right after you bought it? Tough break. Did anyone check the previous owner's new house?
 
#18 ·
@ silversport

Thanks, it's amazing how much "learn from it" and on some forums "suck it" you get but that's the internet. You get the good with the bad. Ultimately, "learn from it" is stating something that's happened regardless of whether or not you do something. A more complete response would be either "learn from it and do something about it" or "learn from it because you cant do anything". Doesn't matter. Ultimately, when the people who look up to me ask me what we can do about it, shrugging and saying "learn form it" is unacceptable.

Thanks for the advice on the real estate lawyer, I'll try to talk to one that specializes in that.
 
#20 ·
Wzolla86 -

I did not catch your location . Have you checked whether you are lucky enough to have a state certification program for Home Inspectors? Usually the programs are designed to keep out the amatuers and provide guidelines for performance and liability. The are usually encompassed in the contract or proposal for the inspection and also included somewhere in the report or other documentation.

Relying on an inspection in an unregulated area is suicide, unless you have checked out the credentials and experience of the inspector that was referred to you and you hired on your behalf.

A "licensed and certified" mason (even if it exists) is no where near a qualified investigator, although I have found many great ones during my 40 years of dealing with them.

If you do not have a primary water barrier behind the veneer/siding, the construction was not adequate at the time or was not required for a rowhouse. Vinyl siding is notorious for leakage and this has pointed out the need for a moisture barrier in all construction, but unfortunately a visual inspection will never show if it exists. Tuck pointing of older veneers is very common and is a good investment.

Fortunately, the Realtor (a loose group with minimal credentials in many areas) suggested the inspector you hired. Would you buy a car based on the suggestion of a Realtor, that always has a nice car, and the cost of the inspection is minimal compared to the cost of a car. Your inspection may have been a minimal inspection as a courtesy to the Realtor to complete the sale at a cost of less than $400 to you. The good inspectors charge much more and usually work for the sellers to prepare the home for an open and clean sale.

Dick
 
#21 ·
@concretemasonry

Massachusetts. The report gives his license number. This company is sketchy, as they have on their website that they are Better business Bureau accredited (with an A+ rating too!) but upon contacting the BBB they informed me that they are in fact NOT accredited and furthermore have had a number of complaints against them. I know home inspection companies get alot of crap. How many get their complaints taken all the way to the BBB? The contract says that I have to let them inspect it before I repair if I have a complaint, otherwise i waive my right to take legal action about it, so I should have someone contacting me to schedule that.

There was rotten paper between the wall and the brick. The walls are lath and plaster with no insulation either. A lawyer referred me to an inspector who is "feared by other inspectors" because he is routinely employed by the state as their Expert Witness when they have a problem, was on the Board of Examiners for the Home Insurance License exam, is a licensed general contractor and currently the CEO of his own inspection company. I could have him come over and determine whether the H.I.'s report falls within the Home Inspectors Standard of Practice. Only thing is it's a $1000 to $1500 inspection. But if this inspector was shoddy enough to miss something so obvious, who knows what else they could find on the re-inspection...
 
#23 · (Edited)
wzolla86

You hired a home inspector to do a cheap visual inspection. How in the world could you expect a destruction of the wall to determine the condition? You contacted someone to do a visual inspection as a guest which will not cover any destruction, reconstruction and testing of "suspect" materials and details. That is why the "expert" wants for over $1000 for a reasonable observation without testing and destruction costs included since the extent cannot be determined in advance.

I have been an expert witness many times and flying for a day and spending a few days (at $200/hour) wasting time gets pretty boring unless you have nothing better to do.

Dick
 
#24 ·
Wow, guys, slow down. Don't start attacking wzolla86.

This is a DIY forum, not a professionals forum. He came here for advice from other homeowners and DIY'ers advice. Not to be hounded.

I notice alot of rude comments to newbies here, you guys are really defensive (Looking at you Doc Huckleberry). What happened to helpful friendleness?

Keep it civil.
 
#25 · (Edited)
What are you talking about? Maybe you need to go back and re-read everything. And when did you become Mod? I do not know who you are, but looking at your post count, I can tell that you just jumped right and and assumed everything.

BTW, it is the HI that is getting beat up, along with the Insurance company, not the OP.
 
#27 ·
how do I handle this?...... I thought small claims court (in Massachusetts) was only for claims $2000 or less? Should I contact them directly to try to settle it? Any advice on how to move forward would be great.
I do not see any attacking of wzolla. I observed 3 basic questions in his original post. Two were answered and the one about the limit for small claims cases in MA was not.

He recv answers from:


1. At best you may be able to get back the cost of the inspection. I do not think you would ever be able to get back the cost of repairs.
Did you read any disclaimers in the report:

2.You need to start by carefully and thoroughly reading your contract with the inspector. If the inspector did what the contract obligated him to do, you have no case, and should get on with your life.

3. If it was the realtors inspector then may be able go after the realtor as well.

4.Save your money and time and just do the repairs. It will be tough to prove negligence and probably at most you will only receive back the inspection fee.

5.Honestly, there is nothing you really can do.
 
#28 ·
From what I've seen home inspections done as part of a sale are pretty much a joke. I've seen them completely ignore visible mold in attics....state my 5 yr old water heater was near end of life based on age...they ID a lot of stuff that is non-issues...and totally miss things that they should be pointing out. most have marginal qualifications at best. good luck.

Oh and unfortunately I agree there ain't much you can do but fix it and move on. I feel more and more these days folks are just trying to get your money and deliver little if anything for it. Part of getting on in years for me I s'pose.
 
#29 ·
You could go after him, however it will cost time and money, and your not guaranteed anything-as suggested I would read the contract you signed with him, see what kind of liability disclaimers are in place.

Sounds like you have an older house, it wouldn't surprise me that no insulation would be in place if lath and plaster is on the wall. If you do open up any walls probably worth it to check out the utilities-electrical, plumbing, etc.

That's the thing about older houses-they are beautiful, but expensive.

Hope it works out OK for you.
 
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