Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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I’m sorry to hear about your situation. It is possible that you have a case against the home inspector and the buyer under two conditions. The first condition is whether this is going to be considered a material defect that they did not disclose at the time of sale. A material defect is something that substantially affects the value of the home. Whether it’s material will be something that you would have to argue with the other side and in court, potentially. Also, the other issue is whether the buyer and seller knew of this defect. If they knew of this defect and sold the house anyway, then they could be held liable for breach of contract and/or fraud. Also, against the inspector specifically, you may have a cause of action for negligence for failing to discover something that would have come up during their routine inspection of the property. You may be able to recover the $ that you had to pay as a result.
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