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I am sorry to hear about this unfortunate situation.
Do you have a copy of your written agreement with your home inspector?
Does the agreement with the home inspection company has any statement limiting the liability of the home inspector?
I'm not sure. I will need to go back and read it again
Generally, the home inspector's contracts limit their liability for anything that they miss to the amount of money you had paid for the home inspection.
What is the amount that you will have to pay in order to replace the carpet and flooring?
Will not know until tomorrow when the flooring company comes out to give us the figures. It is approximately 1500 to 1700 sq feet.
Well, you would need to review the contract that you have signed with the home inspector and document the missed issue with the carpet and based on what is stated in the contract, you might be able to pursue legal claim against the home inspector for professional malpractice.
Does that make sense?
I read over the inspector contract. It indicates the inspector's liability for mistakes or omissions in this inspection or report is limited to a refund of the fee paid for this inspection and report. Client assume the risk of all loses greater than the fee paid for the inspection
Unfortunately, if you did sign this agreement, then your legal recourse would be limited to getting a full refund for the inspection fee.
In addition, I truly believe the seller and the realtor knew and didn't disclose the issue. As when I began pulling up the carpeting I notice in this particular corner the mob boards had been changed, they do not match the rest of the home.
Unfortunately, the seller does not have to disclose such minor defects and the realtor will always claim that she/he had no knowledge of it and it is very difficult to prove otherwise.
It is up to the buyer generally to conduct the due diligence prior to closing and to make sure they house is fully and thoroughly inspected and the fact that the house was sold in "As is" condition does not leave many options.
Basically, I have no grounds for further action if I'm understanding correctly.
Generally, you can demand for the inspector to refund your inspection fee.
Please understand that I cannot provide you with any type of legal opinion or advice, as such can be done only by your local attorney, upon full review of all facts and documents, but I can only provide you with general answer to your legal question. You should always consult with your local real estate attorney for specific legal advice.
That is $360.00. I'm expecting to replace the flooring to be somewhere around $6000. to $7500. I will file complaints with the state against my realtor, she to have are interest in this transaction and the selling agent and her brokerage
If you feel that the realtor was aware of the issue but failed to disclose it, you can file formal complaint against the realtor and the home inspector.
Is this the only action I can pursue?
Unless you can prove that the inspector was grossly negligent, but it does not appear to be the case, based on the limited facts you have stated.
Unfortunately, the situations similar to yours are not uncommon and it is important to be extremely cautious when purchasing a used house without any warranty in "as is" condition.
Unfortunately, most people do rely on the home inspectors, even though I always advise my clients to have 2-3 inspections done by independent licensed home inspectors, as generally many inspectors do tend to miss something.
Thank you for your information
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