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We are selling our 52 year old house which we bought in 2009 and were shocked to discover that our buyer's inspector cited us for serious structural problems. When we bought the house, we hired a structural engineer to follow up on the general inspector's report. Neither of them noted this current structural problem. This problem will cost at least $10,000 to fix, plus another $10,000 to fix a second problem which was not noted either, but which affects a large picture window and wall. Now we are also wondering if the former seller knew about this.
The first problem (structural problem) is not a problem that affects a resident in the house in the day-to-day, but it involves building codes which were violated when an owner did significant remodeling on his own in 2000. Essentially he has some unusual plumbing (which is not a problem) but he also cut joists to put in the new plumbing, which weakens the joists. He just took out one-foot sections of joist, in hard-to-reach places, thus the cost of repairing them (have to re-rout plumbing, ducts, etc). These joists cannot be seen easily, as they are above a drop ceiling (should be visible to a decent professional) and near the furnace (need a flashlight to see it but once it is pointed out, you can see it). Point is, we had no way of knowing til now, when we are selling. And now we are hit with these price tags.
My question: Do we have a leg to stand on if we sue the former inspector and possibly the former owner? We bought 5 years ago, but as I said, the problem only came to light when our buyer's inspector went through the house last week. We feel that we are paying for negligence on the part of the '09 inspector (when we bought) and possible non-disclosure by the former seller. We are in the state of Pennsylvania (not to mention the state of anger, depression, anxiety . . . .!). We are already losing $54,000 on the price of the house -- had to drop it because the market has been lackluster.
Only an attorney can address this problem for you but, around here, every inspection report contains a disclaimer that essentially says that they can't be held responsible for issues they might miss. It may not protect them in a lawsuit from things they should have seen though. That's why you should talk to an attorney. There might be limitations on the amount of time that can pass for you to make a claim, too.
That's why you should talk to an attorney. There might be limitations on the amount of time that can pass for you to make a claim, too.
^^^^This.
If you've lived there for 5 years without realizing there was a problem, it's possible that was the case with the former owners, too. It might be difficult for you to prove that they knew unless you can show that they were the ones who actually made the changes. But, even so, there is likely a statute of limitations which would cover the situation.
The same limitations might cover an inspector. Plus, they usually have clauses in their contracts to limit their liability. (Do you still have a copy of their contract?) Consult with a local real estate attorney for a more definitive answer.
The Structural engineer might be a better place to start, depending on what their scope was, as they carry errors and omissions insurance. But, if his scope was simply to look at items that were cited in the original inspection report (which missed these things, then he's not really responsible.
We are selling our 52 year old house which we bought in 2009 and were shocked to discover that our buyer's inspector cited us for serious structural problems. When we bought the house, we hired a structural engineer to follow up on the general inspector's report. Neither of them noted this current structural problem. This problem will cost at least $10,000 to fix, plus another $10,000 to fix a second problem which was not noted either, but which affects a large picture window and wall. Now we are also wondering if the former seller knew about this.
The first problem (structural problem) is not a problem that affects a resident in the house in the day-to-day, but it involves building codes which were violated when an owner did significant remodeling on his own in 2000. Essentially he has some unusual plumbing (which is not a problem) but he also cut joists to put in the new plumbing, which weakens the joists. He just took out one-foot sections of joist, in hard-to-reach places, thus the cost of repairing them (have to re-rout plumbing, ducts, etc). These joists cannot be seen easily, as they are above a drop ceiling (should be visible to a decent professional) and near the furnace (need a flashlight to see it but once it is pointed out, you can see it). Point is, we had no way of knowing til now, when we are selling. And now we are hit with these price tags.
My question: Do we have a leg to stand on if we sue the former inspector and possibly the former owner? We bought 5 years ago, but as I said, the problem only came to light when our buyer's inspector went through the house last week. We feel that we are paying for negligence on the part of the '09 inspector (when we bought) and possible non-disclosure by the former seller. We are in the state of Pennsylvania (not to mention the state of anger, depression, anxiety . . . .!). We are already losing $54,000 on the price of the house -- had to drop it because the market has been lackluster.
I am certainly not trying to defend the Inspector but you stated you also hired a licensed Professional Engineer to follow-up on the Inspector and the licensed Professional Engineer also did not catch the issue. However you are only targeting the Inspector in your post and desire to recoup your losses. Was this a slight error in writing and you meant to say the Professional Engineer as well when referring to recouping your loss?
First, read you contract with your inspector. I bet somewhere in tiny print you'll find the language "to my best knowledge as of today" - it's a free ticket for inspector/ structural engineer. Were any tests performed back there?
How about having a carpenter take a look at it ? There probably is a way to reinforce those studs to make them right. Inspectors and Engineers love to make a problem bigger than it is to show how much they know.
How about having a carpenter take a look at it ? There probably is a way to reinforce those studs to make them right. Inspectors and Engineers love to make a problem bigger than it is to show how much they know.
I would agree. Some idiot former owner cut a 10" joist in one of my houses (instead of cutting the metal duct work to fit between the joists)--but I didn't need to pay an arm and a leg to restore the structural integrity.
It's a 52-year old house that you have owned for 5-years ... after having both an Inspector and a Structural Engineer look at the house! It sounds like you are grasping at any faint possibility of recovering part of what you (and millions of others) have lost to a lackluster market. Even in our litigious society, where people can and do sue almost anyone for anything, this is a bit of a stretch.
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