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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Home inspection cleared house with proper insulation in

Customer Question

home inspection cleared house with proper insulation in attic however he failed to not note that electrical in attic was not to code and fire hazard...we emailed him w pics as well as the realtor we dealt with as he was an inspector of his word back from the home inspector the realtor was shocked and would be consulting his brother an electrician...this house was renovated and we suspect the sub contracters were in relation with the realtor we used as well as the seller...we are now facing major fire hazards etc and found plumbing issues as well that werent noted...any recourse you can offer?>
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As the home inspection was paid for by you, you have privity of contract between yourself and the inspector. if the inspector failed to do his job with average due care for the industry---in other words if he missed glaring code violations----then you may demand that he pay for the repairs necessary to bring those violations back to code, and if necessary sue for breach of contract.

If the property owner recently has repairs done in the attic and the non-code electrical issues were created by the owner or their contractors, you may sue the seller and their contractors for failure to disclose and negligence. As for the Realtor---proving that the Realtor has any liability might prove difficult as they at most, merely made recommendations for contractors and that does not automatically make them liable for the negligence of those contractors.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,