We had sold our farm. The buyer hired an inspector who wrote in his report that there was "apparent sewage" on the basement floor. We had it tested and it was ground water. We had already disclosed that the basement got wet. When questioned he said he believed it was gray water from the dishwasher and we were splitting hairs. The buyer backed out and we had to lower the price $20,000 because the inspection was attached to the house. We have taken the inspector to small claims court for $10,000. His lawyer called and bullied us. He said we don't have a case because we never had a contract with the inspector. He said he was going to charge his lawyer fees to us. Do we have a case?
1 Answer from Attorneys
If you do not have privity of contract, you cannot successfully sue the inspector. The inspector had a contract, with the buyer, and not you.