When you made the decision to buy a home, you were intent on ensuring that you fully undertook an appropriate course of due diligence. This included engaging the services of a certified inspector to perform a thorough, comprehensive inspection of the residence in advance of closing.
When the inspector completed their work, you were provided with a report summarizing the status of the residence. No defects were noted by the inspector that were enough to cancel the closing. Thus, relying on the report, you went ahead with the scheduled closing. You bought the residence.
Unfortunately, not long after you bought the home and settled into your new residence, you discovered that the inspector failed to include all defects at the residence in the inspection report. You are now in a position of wondering whether you can sue the inspector.
Depending on the facts and circumstances surrounding the preparation of the report, you may very well be in a position to take legal action against the inspector. There are a couple of potential courses of legal action you can take in the aftermath of an inspector failing to provide you a complete inspection report, a report you reasonably relied on to purchase your home.
One type of legal action you can take against the inspector is based on negligence and professional malpractice. In basic terms the inspector had a legal duty to provide you the level of care reasonable inspectors would provide in the same position. In other words, if other inspectors exercising reasonable care would have found and reported certain defects, and your inspector did not, the argument can be made that your inspector deviated from that standard of care.
In addition to a negligence or malpractice claim, you might also be able to pursue a breach of contract case against the inspector who did not disclose certain defects in the inspection report. For example, if the contract delineates the specific types of inspections that are to occur, and the inspector failed to pursue these inspections, you may have a claim for breach of contract.
The best way to protect your legal rights in a situation in which a home inspector did not discover or disclose all defects in a home inspection is to retain the services of a skilled attorney like Douglas Zane. Douglas Zane has a strong background in representing people who purchased homes relying on the work of inspectors who did not properly discover or disclose defects.
You can schedule an initial consultation with Zanes Law. During an initial consultation, you will obtain an evaluation of your case. You will also be able to ask any questions you have about your case. There is no charge for an initial consultation with Douglas Zane.
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