Legal Question in Legal Ethics in Kansas

home inspection

We had a home inspection performed prior to buying our home. The inspector gave the house a perfect score stating that it had no problems at all.

The previous people moved out and we went to the home to begin moving in and the kitchen floor was soaked, the floor damaged. The wall was also damaged where water had been leaking from the faucet for quite some time. There was also no power in one room.

We would not have bought the home without having the seller repair these problems had we known of them. Can we hold the inspection company liable for these problems?


Asked on 5/12/01, 7:48 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: home inspection

The answers to your questions are controlled by the provisions of your contract with the inspection company. Those things which they represent as "covered" you can be compensated for; those things not "covered" will be your responsibility.

Obvious defects are obviously something the inspection company has liability for; their failure to detect is usually a violation of the promises they make on the front end.

You may have to push, but stand up for your rights. If you have any questions contact a real estate lawyer to advise your concerning your rights under law and your written agreement.

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Answered on 6/21/01, 12:44 pm


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