Legal Question in Real Estate Law in Georgia

Seeking to sue home inspector

Before the purchase we had an inspection done by a very reputable inspection company. After we moved in we discovered the following problems:

1. The floors in the kitchen and dining room are sloping towards the center wall that separates them. After closer look we saw several indicators that the inspector should have picked up: diagonal crack at top corner of door; doors not closing properly, kitchen island cracked because of the floor sloping issue.

2. The living room floor has a considerable dip in the middle. Visible indicators that should have been picked up by inspectors: door not closing, tiles falling off the fireplace, crooked door frame.

3. Two basement rooms had water damage on the inside of the door. The inspectors just mentioned water damage not specifying whether it was inside or outside. The first time it rained, water came into the house and now we have a mold on the wall.

4. The inspection mentioned that small area (one brick width) had foam filler instead of bricks and needs to be fixed. The area with a lot of foam in it actually spans 10 brick width.

Can I sue the inspector? We signed a paper saying that they are only responsible for the amount equivalent of the price paid for the inspection.

Asked on 12/23/07, 5:44 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Seeking to sue home inspector

You may be able to sue, though we don't know the scope of the inspection, and the he "paper" you reference at the very end may tell you how much you can get. The details of this paper are likely more important than the details about the alleged defects.

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Answered on 12/23/07, 5:51 pm

Charles W. Field Charles W. Field, Attorney at Law

Re: Seeking to sue home inspector

As a general rule, the disclaimer will protect the inspector. However, if his omissions are WAY more than a reasonable person would make, he may have some liability. Consult with a local attorney to review the entire situation.

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Answered on 12/29/07, 2:29 pm

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