What to Do If Your Home Inspector Misses a Serious Problem
Many home buyers rely on inspections to identify existing and potential future problems with a home they are serious about purchasing. And while it’s important to remember that inspectors probably won’t find every problem in a home, it’s fair to expect them to identify major problems. Unfortunately, this does not always happen. Here’s what to do if you find yourself in this situation.
What to Do If Your Home Inspector Misses a Serious Problem
Even if you do everything right and take all the recommended precautions, it is possible that after closing you will discover a serious problem in your home that your inspector somehow missed. Maybe it’s the roof, termite damage, or a structural problem: whatever it is, you didn’t expect to encounter it in your new home.
Your first instinct may be to contact the seller or a real estate attorney, but according to David Reiss , a professor of real estate law at Brooklyn Law School, it is virtually impossible to prove that the seller knew about the problem after the fact. Costly legal fees are a gamble. “Bottom line: To win, you’ll probably need some pretty clear facts on your side,” Reiss told Realtor.com .
Instead, your best bet is to contact a home inspector as soon as you encounter a problem. The more time that passes between the initial inspection and the reporting of the problem, the more difficult it will be to prove that the inspector actually missed something.
“When talking to your inspector, point out what you think was missed or overlooked,” writes Hubert Miles , a licensed home inspector, in a post for HomeInspectionInsider.com . “Ask them to explain why this was not included in the report and whether it should have been taken into account.”
Your inspection contract should include options for recourse if the inspector misses a problem, including whether the inspector has liability insurance.
“Adequate insurance coverage protects the inspector and his clients in the event of errors, omissions or negligence during the inspection,” explains Miles . “It also provides cover for any resulting damage or financial loss.”
However, insurance policies vary, so you need to check the details to see if your problem is covered.