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What is the liability of a home inspector? In NY state where I live its the amount you pay them. If you pay $500 for a home inspection they say everything is perfect and a year later you find out you need $50,000 worth of repairs you get your $500 back and the remaining $49,500 is your responsibility. I almost had this happen to me. I purchased a house and had an inspection. The home inspector (referred by the agent) gave my house a clean bill of health. 2 weeks later I was speaking with one of my employees "whose brother was a builder" and I told her I bought a new house and she asked "where?". She told me "don't they have foundation issues there?". I of course freaked out since I had bought the house 2 weeks before. My real estate agent told me a foundation inspection would cost $5K. There was a large sheet of plastic (the thickness of a sheet of Formica) covering one of the walls of the basement. I was concerned but the inspector and RE agent said it wasn't a problem. Now I was beginning to get really concerned. I called the company that did the basement wall remediation and asked them what was behind the plastic. The guy "couldn't remember" even though it was done a month or so before. I asked him how much he charged for a foundation analysis and he said $200. I asked him what the foundations in that area were like and he said "challenging". I asked him if he knew a foundation engineer/inspector. He gave me the name of someone whose sole job was inspecting and reporting about foundations and was an expert in his field. I called the man and asked him how much he charged for a foundation report. He told me he could do a report with laser levels and what condition the foundation was in now but what would happen in the future he could not predict. I asked him his fee and it was $250. He asked me the address and after I told him he said "I can save you money because your house is in the epicenter of foundation problems" At this point I called my lawyer who was able to get me out of the deal unscathed. If my employee didn't say anything I would have been screwed and my unscrupulous agent who lied about the cost of a foundation report would have had their commission. I would have been stuck with a house with a permanent foundation problem. The thing about foundation problems is that you can spend 30K or more fixing it and the house looks exactly the same, its not like a kitchen, pool, an addition or siding where you get something for your money.
Most inspectors, in my experience, are nice guys that segued being a handyman into being a home inspector. They have no true structural/construction knowledge. They run all the taps, run the appliances, stick a kleenex to the exhaust fan to see if it's working, etc.
I suggest to my clients that they hire a licensed contractor or at the very least a licensed plumber and electrician to do a high risk inspection. Who cares if they DW is a little noisy? I want to know is the electrical safe? Are the shut off valves in operating condition? Is that back room up to code - permitted or not?
I have had deals nearly fall through because the buyer's inspector made some unjustified comment that was so inaccurate you wouldn't believe it, and I had to get my licensed vendors out there to inspect, explain, and prove them wrong. In some states they have no real accreditation or licensing so they have nothing to lose. (Like a license) Sure, you could sue them but that may not help you, really.
So, there you have my opinion on that subject! Next house, hire professionals in whatever area you're concerned about to give you useful information.
The RE Agent should have been aware of any neighborhoods with Foundation problems as should the inspector. If it was that well know that the local expert knew already without ever looking- much like termite problems or Lead Paint problems - everyone who is involved in that area should be aware and should engage in full disclosure.
Anything other than this makes them potentially liable due to gross negligence. Normal limitations of liability would not apply.
On another note the average building inspector is not going to notice anything but obvious foundation issues. That is a specialized area of expertise (like termites).
This is the third time I heard of a bad inspector recommended by a real estate agent. When buying a home, you really have to be your own advocate and do the research to find the best people to evaluate your home.
I read this twice to understand, but in the end, you still never had anyone actually inspect the foundation in person?
Since the one man said the foundations were challenging and the 2nd said it was the epicenter of bad foundations and there was a huge sheet of plastic diverting the constant water inflow into a pipe in the floor to a sump pump that ran continuously and the foundation was made out of concrete block which eventually breaks down by being saturated with water I decided to look for a different house. There was a huge scandal about this and the army corps of engineers did a study which was online for awhile and eventually taken down because it was difficult to sell a house there. Google: Amherst NY sinking basements
Do you didn't actually purchase the house? You just made an offer on the home?
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