Has anyone here sued their home inspector?

[Anonymous]

The gross negligence is that you over relied on home inspection

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I would sue that sound like you have more than enough evidence.

Did you pick the inspector or did your realtor?

I picked the inspector but could not physically attend the inspection due to work so my realtor did.

You bought a 1920 house and did not go to the inspection?
This has to be your first home.

Even if I attended the inspection it would have made no difference as I would not be able to physically go with them under a crawl space. They provided a picture of new pex pipe which unfortunately only goes to a small section of a later bathroom addition.

And you thought a picture of one pipe was proof the whole house had updated plumbing- the entire house ???
You could have asked, ‘ what about the rest of the home’s plumbing’ you know like in the walls in the house?
The sewer pipes.

Are you for real?

You seem to be missing that I was told all pipes were updated. I did not make an assumption based on a single picture. My inspection literally says the house has all pex pipes. Nothing was said about galvanized pipes.

In the written report it says all your pipes are pex pipes? If he said it in person that doesn’t mean anything. I can’t see any legitimate inspector saying all pipes are pex, you can’t see inside walls!

Yes it is literally written into the report that all pipes are pex when in fact nearly all are galvanized with the exception of a newer bathroom addition. I’ve shown my inspection report to everyone who’s come in to quote the work and they are shocked at what they found vs what he wrote. 2 of the plumbers asked if I selected my own inspector suggesting collusion with the realtors (I did select my own) and 3 offered to write letters on their letterhead about what they found and are telling me to sue. They can’t believe someone would write what he wrote compared to their findings. One was so upset about it he wanted to call the home inspector and scream at him.

And we can’t believe that you took his word for it. How would he know, how? How would he know without a record of when all the pipes were updated or he put a camera down the pipes.
A lot of common sense is missing here.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I would sue that sound like you have more than enough evidence.

Did you pick the inspector or did your realtor?

I picked the inspector but could not physically attend the inspection due to work so my realtor did.

You bought a 1920 house and did not go to the inspection?
This has to be your first home.

Even if I attended the inspection it would have made no difference as I would not be able to physically go with them under a crawl space. They provided a picture of new pex pipe which unfortunately only goes to a small section of a later bathroom addition.

And you thought a picture of one pipe was proof the whole house had updated plumbing- the entire house ???
You could have asked, ‘ what about the rest of the home’s plumbing’ you know like in the walls in the house?
The sewer pipes.

Are you for real?

You seem to be missing that I was told all pipes were updated. I did not make an assumption based on a single picture. My inspection literally says the house has all pex pipes. Nothing was said about galvanized pipes.

In the written report it says all your pipes are pex pipes? If he said it in person that doesn’t mean anything. I can’t see any legitimate inspector saying all pipes are pex, you can’t see inside walls!

Yes it is literally written into the report that all pipes are pex when in fact nearly all are galvanized with the exception of a newer bathroom addition. I’ve shown my inspection report to everyone who’s come in to quote the work and they are shocked at what they found vs what he wrote. 2 of the plumbers asked if I selected my own inspector suggesting collusion with the realtors (I did select my own) and 3 offered to write letters on their letterhead about what they found and are telling me to sue. They can’t believe someone would write what he wrote compared to their findings. One was so upset about it he wanted to call the home inspector and scream at him.

And we can’t believe that you took his word for it. How would he know, how? How would he know without a record of when all the pipes were updated or he put a camera down the pipes.
A lot of common sense is missing here.

Are you the home inspector? You sound very defensive that someone would believe what a home inspector reported.

[Anonymous]

Anonymous wrote:Will cost you more to litigate than you will win to repair most likely.

OP doesn’t have to actually litigate. A written demand letter could get the inspector to cough up some money, especially with attached letters from 3 plumbers on letterhead stating this was a grossly negligent inspection report that misstated facts about the pipes.

The inspector may not want to risk getting dragged into litigation either, remember anyone can sue (or threaten to) for anything. I think OP at least has a colorable claim to argue break of contract due to gross negligence. I mean the inspector didn’t just miss something or make a vague assertion that turned out not to be true, but actually made a demonstrably false statement about the condition of the house.

OP, I think it’s worth at least sending a letter with the plumbers’ attachments and see if you can scare some money out of him. Even if you don’t get all the repairs covered, maybe you can negotiate something.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Will cost you more to litigate than you will win to repair most likely.

OP doesn’t have to actually litigate. A written demand letter could get the inspector to cough up some money, especially with attached letters from 3 plumbers on letterhead stating this was a grossly negligent inspection report that misstated facts about the pipes.

The inspector may not want to risk getting dragged into litigation either, remember anyone can sue (or threaten to) for anything. I think OP at least has a colorable claim to argue break of contract due to gross negligence. I mean the inspector didn’t just miss something or make a vague assertion that turned out not to be true, but actually made a demonstrably false statement about the condition of the house.

OP, I think it’s worth at least sending a letter with the plumbers’ attachments and see if you can scare some money out of him. Even if you don’t get all the repairs covered, maybe you can negotiate something.

Lol. Don't play lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I purchased an old home and was told by the home inspector the pipes were updated. Turns out it is almost all old galvanized pipes that are failing. I’ve had 5 plumbers come in to quote updating them and nobody can believe that the home inspector missed this. One suggested collusion with the realtors to get the home to sell and 3 of them willingly wrote me letters about their findings compared to what my inspection report says. I haven’t gone to an attorney yet and usually your damages are limited to the inspection fee but this seems to be gross negligence or just straight up fraud.

First, it's not fraud. Second, what would be your damages? You paid market price for a house and you have an appraisal (in no way based on the inspection) that says you paid market price. Third, the home inspector doesn't warranty the house. Something breaks, tough shit.

My damages are immediately needing new pipes when I was told all pipes were new based on the inspectors findings. They are not new with the exception of 1 area. They are old galvanized pipes. I have shown every plumber my inspection report and nobody can believe what the inspector wrote vs actual findings. The inspector either had to be beyond extremely incompetent or lied to get the house to sell. Most people that I’ve spoken to believe it’s the latter.

You're angry. You're also wrong. Your inspector may be incompetent, but your "damages" were not proximately caused by any negligence on the part of the inspector. End of discussion. Move on.

In the future, if you want to know about the plumbing, ask the seller and review the permit history. An inspector who can't open the walls can't tell you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I would sue that sound like you have more than enough evidence.

Did you pick the inspector or did your realtor?

I picked the inspector but could not physically attend the inspection due to work so my realtor did.

You bought a 1920 house and did not go to the inspection?
This has to be your first home.

Even if I attended the inspection it would have made no difference as I would not be able to physically go with them under a crawl space. They provided a picture of new pex pipe which unfortunately only goes to a small section of a later bathroom addition.

And you thought a picture of one pipe was proof the whole house had updated plumbing- the entire house ???
You could have asked, ‘ what about the rest of the home’s plumbing’ you know like in the walls in the house?
The sewer pipes.

Are you for real?

You seem to be missing that I was told all pipes were updated. I did not make an assumption based on a single picture. My inspection literally says the house has all pex pipes. Nothing was said about galvanized pipes.

In the written report it says all your pipes are pex pipes? If he said it in person that doesn’t mean anything. I can’t see any legitimate inspector saying all pipes are pex, you can’t see inside walls!

Yes it is literally written into the report that all pipes are pex when in fact nearly all are galvanized with the exception of a newer bathroom addition. I’ve shown my inspection report to everyone who’s come in to quote the work and they are shocked at what they found vs what he wrote. 2 of the plumbers asked if I selected my own inspector suggesting collusion with the realtors (I did select my own) and 3 offered to write letters on their letterhead about what they found and are telling me to sue. They can’t believe someone would write what he wrote compared to their findings. One was so upset about it he wanted to call the home inspector and scream at him.

And we can’t believe that you took his word for it. How would he know, how? How would he know without a record of when all the pipes were updated or he put a camera down the pipes.
A lot of common sense is missing here.

Are you the home inspector? You sound very defensive that someone would believe what a home inspector reported.

If what was reported was nonsensical. I’m very defensive of common sense.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I purchased an old home and was told by the home inspector the pipes were updated. Turns out it is almost all old galvanized pipes that are failing. I’ve had 5 plumbers come in to quote updating them and nobody can believe that the home inspector missed this. One suggested collusion with the realtors to get the home to sell and 3 of them willingly wrote me letters about their findings compared to what my inspection report says. I haven’t gone to an attorney yet and usually your damages are limited to the inspection fee but this seems to be gross negligence or just straight up fraud.

First, it's not fraud. Second, what would be your damages? You paid market price for a house and you have an appraisal (in no way based on the inspection) that says you paid market price. Third, the home inspector doesn't warranty the house. Something breaks, tough shit.

My damages are immediately needing new pipes when I was told all pipes were new based on the inspectors findings. They are not new with the exception of 1 area. They are old galvanized pipes. I have shown every plumber my inspection report and nobody can believe what the inspector wrote vs actual findings. The inspector either had to be beyond extremely incompetent or lied to get the house to sell. Most people that I’ve spoken to believe it’s the latter.

You're angry. You're also wrong. Your inspector may be incompetent, but your "damages" were not proximately caused by any negligence on the part of the inspector. End of discussion. Move on.

In the future, if you want to know about the plumbing, ask the seller and review the permit history. An inspector who can't open the walls can't tell you.

+10000

[Anonymous]

Is this your first home purchase?

[Anonymous]

Anonymous wrote:

Anonymous wrote:90% of your contract with an inspector is disclaimers saying they are idiots, know nothing, and can't be relied on

This particular contract specifies that I can go after them for gross negligence and fraud. My first quote was 28k and it’s a major job

It will cost you more than $28k to sue the inspector.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Will cost you more to litigate than you will win to repair most likely.

OP doesn’t have to actually litigate. A written demand letter could get the inspector to cough up some money, especially with attached letters from 3 plumbers on letterhead stating this was a grossly negligent inspection report that misstated facts about the pipes.

The inspector may not want to risk getting dragged into litigation either, remember anyone can sue (or threaten to) for anything. I think OP at least has a colorable claim to argue break of contract due to gross negligence. I mean the inspector didn’t just miss something or make a vague assertion that turned out not to be true, but actually made a demonstrably false statement about the condition of the house.

OP, I think it’s worth at least sending a letter with the plumbers’ attachments and see if you can scare some money out of him. Even if you don’t get all the repairs covered, maybe you can negotiate something.

Lol. Don't play lawyer.

PP is absolutely right that a demand letter is warranted here. Also, people seem to think that lawsuits must always involve high-priced lawyers and voluminous filings. There's something called small claims court that is designed exactly for situations where the amount in controversy is small such that getting lawyers involved wouldn't make sense. You don't need to draft a big complaint; you just fill out a form that states the nature of your grievance, and you show up in court where a judge often makes a decision on the spot. People do this all the time on their own. This board is so full of biglaw lawyers that don't know anything outside the world of "complex commercial litigation."

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Will cost you more to litigate than you will win to repair most likely.

OP doesn’t have to actually litigate. A written demand letter could get the inspector to cough up some money, especially with attached letters from 3 plumbers on letterhead stating this was a grossly negligent inspection report that misstated facts about the pipes.

The inspector may not want to risk getting dragged into litigation either, remember anyone can sue (or threaten to) for anything. I think OP at least has a colorable claim to argue break of contract due to gross negligence. I mean the inspector didn’t just miss something or make a vague assertion that turned out not to be true, but actually made a demonstrably false statement about the condition of the house.

OP, I think it’s worth at least sending a letter with the plumbers’ attachments and see if you can scare some money out of him. Even if you don’t get all the repairs covered, maybe you can negotiate something.

Lol. Don't play lawyer.

PP is absolutely right that a demand letter is warranted here. Also, people seem to think that lawsuits must always involve high-priced lawyers and voluminous filings. There's something called small claims court that is designed exactly for situations where the amount in controversy is small such that getting lawyers involved wouldn't make sense. You don't need to draft a big complaint; you just fill out a form that states the nature of your grievance, and you show up in court where a judge often makes a decision on the spot. People do this all the time on their own. This board is so full of biglaw lawyers that don't know anything outside the world of "complex commercial litigation."

OP's claim is over $5k, which is above the jurisdictional limits of most, if not all, small claims courts. Shit on biglaw lawyers all you want. We're just telling you how it is.

[Anonymous]

The inspection racket protects the real estate industry, not the buyer.
If a buyer did not pay for an inspection, and an issue arose after the closing, the buyer may have an action based, for example, on the listing agent's representations, buyer's agent's assurances, etc. Yes, all representations and warranties merge at the closing of the deed, but if the buyer could show fraud based on the careful presentation of the agent's actions. Currently the inspection in essence shields the agent's actions.

[Anonymous]

Anonymous wrote:The inspection racket protects the real estate industry, not the buyer.
If a buyer did not pay for an inspection, and an issue arose after the closing, the buyer may have an action based, for example, on the listing agent's representations, buyer's agent's assurances, etc. Yes, all representations and warranties merge at the closing of the deed, but if the buyer could show fraud based on the careful presentation of the agent's actions. Currently the inspection in essence shields the agent's actions.

WRONG!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I purchased an old home and was told by the home inspector the pipes were updated. Turns out it is almost all old galvanized pipes that are failing. I’ve had 5 plumbers come in to quote updating them and nobody can believe that the home inspector missed this. One suggested collusion with the realtors to get the home to sell and 3 of them willingly wrote me letters about their findings compared to what my inspection report says. I haven’t gone to an attorney yet and usually your damages are limited to the inspection fee but this seems to be gross negligence or just straight up fraud.

First, it's not fraud. Second, what would be your damages? You paid market price for a house and you have an appraisal (in no way based on the inspection) that says you paid market price. Third, the home inspector doesn't warranty the house. Something breaks, tough shit.

My damages are immediately needing new pipes when I was told all pipes were new based on the inspectors findings. They are not new with the exception of 1 area. They are old galvanized pipes. I have shown every plumber my inspection report and nobody can believe what the inspector wrote vs actual findings. The inspector either had to be beyond extremely incompetent or lied to get the house to sell. Most people that I’ve spoken to believe it’s the latter.

You're angry. You're also wrong. Your inspector may be incompetent, but your "damages" were not proximately caused by any negligence on the part of the inspector. End of discussion. Move on.

In the future, if you want to know about the plumbing, ask the seller and review the permit history. An inspector who can't open the walls can't tell you.

+1

Check permits because even if owners have paperwork sharing new plumbing was put in if there isn’t a permit no one checked the work. Ask me how I know! Any work I have done on my house that needs permitting I have it done. Yes, it takes a bit longer and yes I think my taxes went up slightly because of it, but I got that peace of mind having people double check the works.

You are angry and I get it and I’m sorry especially if this is your first home and you spent al your savings on it. But homes need work and once the work is complete you’ll feel safer and happier. It’s better than a pipe bursting or having a backup (poop come into your house) especially if you’re away.

Have the plumbers also check the sewer line and call an electrician to check the electrical. Might as well get all that done together. Also I would have your water tested for lead and the like since you’re in a 1920s house. Yes I had all these things for when I purchased a 1950s house but I’m paranoid and a child of lawyers.