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.