Posted by AC on July 30, 2007 at 13:07:05:
Thank you all for the advice and thoughts. It’s been helpful.
Inspectors missed dry rot… - Posted by AC
Posted by AC on July 26, 2007 at 16:46:05:
My father purchased a northern California home, which closed over a month ago. He recently found dry rot in one of the walls, which both inspectors apparently missed before closing. Had he known, he wouldnâ??t have gone through with the purchase.
What is the recourse, if any, against the inspectors or previous owner?
My understanding in California is that there is no cancellation period on purchases and if there had been misrepresentation, he could rescind the sale, but I donâ??t believe this qualifies.
Contractor quoted between $5-7 to repair. What are your thoughts?
Thanks for your help,
AC
Re: Inspectors missed dry rot… - Posted by Rich-CA
Posted by Rich-CA on July 27, 2007 at 21:41:58:
If its obvious, perhaps he can sue the inspector for the cost of the repairs. The seller has to know about it in order to be liable because they cannot conceal what they do not know about. If it was under the carpet, behind drapes or the sofa, or some other place where it would not be obvious, you can’t really expect a buyer to be aware of it. If they did not move themselves out, then only a moving company employee might has seen something. But to assume misrepresentation when relying on a report from experts needs proof to fly.
Re: Inspectors missed dry rot… - Posted by Bill Jacobsen
Posted by Bill Jacobsen on July 26, 2007 at 16:51:42:
It sounds like something that would not have been found unless the sheetrock was pulled off?
Re: Inspectors missed dry rot… - Posted by Sgt.Sausage
Posted by Sgt.Sausage on July 30, 2007 at 08:26:13:
> If its obvious, perhaps he can sue the inspector for the cost of the repairs
Sure … but have you ever read the agreements inspectors use? Not much chance of being successful if the courts don’t shoot down that agreement. They basically absolve themselves of any recourse for anything they might miss. I’ve never seen one tested in court, though, so there might be a chance – but I wouldn’t waste my time.
Re: Inspectors missed dry rot… - Posted by AC
Posted by AC on July 26, 2007 at 17:11:27:
yes, my father said it was very obvious without touching anything. In addition, the flooring that cornered the wall was bubbled up with damage found under sub flooring as well.
Thank you for replying.
Re: Inspectors missed dry rot… - Posted by Rich-CA
Posted by Rich-CA on July 30, 2007 at 09:11:44:
I have two inspectors I use, one in TX and the other in CO, who do not have pages of weasel clauses in the report or contract.
If they do have enough weasel clauses then it should be easy to convince a Judge that the “inspector” did not actually sell the service advertised since these would negate any other claims to the contrary. At least they should get their inspection fee back and the “inspector” gets complaints entered with the BBB. I’m thinking too many who could not make it as contractors became inspectors.