Is there any remedy to an invalid inspection report when I bought property?
1 attorney answer
I'm afraid your options aren't likely to be very good.
Suing your inspector is possible, but will likely be greatly affected by the contract you have with him or her. Take a look at your contract and you will likely see that their liability is significantly limited even if you can demonstrate that there were problems that a competent inspection would have discovered. However, if they didn't have a well written contract, you might be able to pursue them if you can show that there were issues that existed on the date of the inspection and should have been disclosed by a competent inspection. Whether you can actually do that will depend on exactly what the issue are that have arisen. The home inspector was not providing a warranty that your 13 y.o. house would be in like new condition.
As for suing the seller, you have to establish that they had actual knowledge of the problems that they didn't disclose. With an entity like Berkshire, you clearly aren't buying from somebody who actually lived in the home. They might have rented it out or they might have bought the property from someone to sell. I'm willing to bet that the disclosures they provided likely stated that their knowledge of the property's condition was limited and that there were no problems "as far as they know". That's what I would expect to see in that sort of transaction.
Unless you can demonstrate that the seller misrepresented their knowledge of the property or that they had actual knowledge of problems that they didn't disclose, you aren't going to have much of a claim against them for failure to disclose.
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