Buyer's inspector broke our heater...

[ellekayw]

I am selling my house in Florida through an realtor. The buyer had an inspector come last week and I was told to leave the house. When I came home hours later, the inspector had left on the hot water heater to the jacuzzi, which is never supposed to be on unless the water is on, too. I shut it off, and when my husband went to use it, the heater was burned out and fell off the wall b/c the pvc pipe had melted. My realtor told me no one was here representing me and the inspector denies leaving anything on (he also didn't lock the outside doors, left lights on, etc.). The inspector refuses to take responsibility, as does our realtor. We were told we would have to fix it before closing. Isn't our realtor responsible since we signed over our house to him? Or shouldn't the seller's agent, inspector and our realtor split the cost of this?

[JETX]

If you can show that the damage was in fact done by the negligence of the inspector, you should pursue him AND the person who hired him. And if neither party compensates you for your damages, you will have to pursue legal action against them.

You can only pursue against the parties that had a contractual relationship with the inspector.

[ellekayw]

The problem would be proving that he broke it. All I can show is that my husband used it before a business trip and when he came back, it was broken. I can't use it b/c I'm pregnant and no one else lives here or has access to it.
So my realtor doesn't have any responsibility even though we hired him to act in our best interest?
The inspector also said he didn't do it, but if he did, there already was something wrong w/ the heater (not true). Can I get a copy of his report b/c if he actually did note it, then it won't matter b/c we're selling the house as is. My realtor won't get a copy for us.
Thanks again.

[JETX]

Q1) "The problem would be proving that he broke it. All I can show is that my husband used it before a business trip and when he came back, it was broken. I can't use it b/c I'm pregnant and no one else lives here or has access to it."
A1) Proving that the other party damaged the equipment is always the hardest part. You might send a letter (certified RRR) to the inspector detailing that the damage was due to his negligence and the circumstances. Include a statement such as: "In the event that you dispute your liability, please contact me in writing within 7 days from receipt." If he doesn't respond, at least the court MIGHT consider his lack of denial as an admission. Also include a copy of any repair estimate.

Q2) "So my realtor doesn't have any responsibility even though we hired him to act in our best interest?"
A2) You 'hired' him to protect your interest in the sale. Did you realtor have ANYTHING to do with suggesting, locating, contacting this inspector?? If not, then he is not liable.

Q3) "The inspector also said he didn't do it, but if he did, there already was something wrong w/ the heater (not true)."
A3) Kind of an admission by denial, eh??

Q4) "Can I get a copy of his report b/c if he actually did note it, then it won't matter b/c we're selling the house as is. My realtor won't get a copy for us."
A4) Getting a copy of the report is a very good point. If the report shows that he checked the heater and found it working, you will have eliminated a huge amount of your requirement of proof.... that the problem was pre-existing. Your only requirement then would be to show that he was the last person who used/tested the equipment.... which should be relatively easy.

"Thanks again."
You're welcome.

[faithandhope]

I would definately contact the inspector and obtain a copy of the report. Also, how many inspections has he performed and how long has he been in business, etc. Your realtor or theirs, should have been there during the inspection, we insist on someone being in the house just for this reason. At least the buyer or seller, although some agents insist that you leave. Do not if you do not want to. It is just as common for a seller to have something broken already and then claim that inspector broke it just as they touched it, that happens often. Best of Luck.

[HomeGuru]

Also check to see if the inspector has E&O insurance. Even if you did not contract the inspector directly, you could still file a claim against him.

[ellekayw]

I am waiting to hear from my realtor on another issue and will ask him (again) to get me a copy of the inspection report, and the name of the inspector. I will look into the E&O insurance, etc.
One last thing, so in Florida, it is not required by law to have someone representing the seller at the inspection?
I will keep you all posted.

[HomeGuru]

[quote]Originally posted by ellekayw
[b]I am waiting to hear from my realtor on another issue and will ask him (again) to get me a copy of the inspection report, and the name of the inspector. I will look into the E&O insurance, etc.
One last thing, so in Florida, it is not required by law to have someone representing the seller at the inspection?
I will keep you all posted.

**A: there is no law requiring a listing agent to be present at the home inspection. But many prudent lisitng agents attend all inspections.