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Thread: Problem with house inspector

  1. #16
    foxriverguy is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    The OR and NY cases won't help you in Florida.

    Moransais v. Healthman was limited in scope to purely economic damages caused by faulty engineering. Your situation is very different.

    Witt v. La Gorce Country Club involved FDUPTA violations the sued party not being properly licensed.

    I don't see any help for you in either but good luck!
    Why are you so pessimistic? Did you read the Florida cases? I can't wait to post my success here after my court date.
  2. #17
    ecmst12 is offline Senior Member
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    We are not pessimistic. YOU are overconfident. Make sure you take a dose of humility into court if you don't want to look like a fool.
  3. #18
    tranquility is offline Senior Member
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    I don't think the OP fully understands the reasoning behind what was a case of first impression. He should also read the Supreme Court case the court relied on. It is a far more subtle and complex issue than the OP seems to let on. Also, I'm uncertain how "damages" are being measured by the OP. The inspection did not guarantee the entire house was correctly built. To me, it seems the case belongs against the seller who did not disclose the water problem.

    See also:
    Florida Power & Light Co. v. Mid-Valley, Inc., 763 F.2d 1316 (11th Cir. 1985)

    L. Luria & Son, Inc. v. Honeywell, Inc., 460 So. 2d 521 (4th Dist. 1984)

    Rollins, Inc. v. Heller, 454 So. 2d 580 (3rd Dist. 1984)
    Ozark_Sophist likes this.
  4. #19
    swalsh411 is offline Senior Member
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    Quote Originally Posted by foxriverguy View Post
    Why are you so pessimistic? Did you read the Florida cases? I can't wait to post my success here after my court date.
    You asked for my opinion and I have given it to you. I don't need to offer any additional explaination. I have been wrong before, but am usually right. Good luck in court.
  5. #20
    HomeGuru is offline Senior Member
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    I am coming in late to this thread but my take is that the home inspector may be held liable notwithstanding the limit of liability clause in the contract.
    A claim should be filed and let the E&O insurance carrier come to the table and deal.
  6. #21
    foxriverguy is offline Junior Member
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    A few more thoughts. First. Even though I believe I will prevail, I will not go into court and act over confident. Here in Florida, small claims automatically go to a mediator. Keep in mind that the house inspector has tacitly admitted his error by refunding my payment to him. I kept the check and will bring it to court.

    The reason I feel confident is that I am a close friend of a full partner in a major Chicago law firm. This person does a ton of litigation and is what I would call wildly successful and at the pinnacle of their career. I hesitated to impose on our friendship, but I did. This person's response was very positive. This senior attorney did not say that the out of state cases were of no value to my situation. In fact they said they believe the case will go in my favor.

    But we shall see. On any given day**************..
  7. #22
    justalayman is offline Senior Member
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    how can you prove the door was installed backwards? I have seen French doors installed opening in and opening out. Unless there is something specific that would jump out at an inspector indicating the door was installed backwards, I have my concerns about you prevailing.

    just why is the door leaking and simply saying it is installed backwards is not a reason and how was it determined the door is installed backwards?
  8. #23
    foxriverguy is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    how can you prove the door was installed backwards? I have seen French doors installed opening in and opening out. Unless there is something specific that would jump out at an inspector indicating the door was installed backwards, I have my concerns about you prevailing.

    just why is the door leaking and simply saying it is installed backwards is not a reason and how was it determined the door is installed backwards?
    The door manufacturer returned my email with my photos of the doors and stated clearly that the doors were installed backwards. Yes. there are French doors made to swing inward, but ours were manufactured to swing outward, but were installed to swing inward. There are specific aspects to doors that swing outward. One. The doors will have some sort of mechanism to prevent the hinge pins from being removed from the outside when doors are closed. Two. The manner in which the manufacturer installs the glass in the windows is done in a very specific manner for outward swinging doors. Three. The manner in which the bottom edges of the French doors made to swing outward is such that they divert water back outside. When installed backwards, they divert rainwater inside. All of this is covered in my email from Jen-Weld. Finally, the house inspector has acknowledged his error by refunding the fee we paid to him.
  9. #24
    foxriverguy is offline Junior Member
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    I won.

    So all you naysayers can go jump in the lake. I won.
  10. #25
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by foxriverguy View Post
    So all you naysayers can go jump in the lake. I won.
    You confuse naysayers with people trying to assist and play devil's advocate. Often times, winning is contingent on overcoming doubts and objections. Having an educated sounding board, assists posters to develop those answers. Going through small claims allows more flexibility in rulings and determinations than would be found in normal court cases. On behalf of the primary contributing members... "Your welcome, glad you won".
  11. #26
    foxriverguy is offline Junior Member
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    My final comment

    You confuse naysayers with people trying to assist and play devil's advocate. Often times, winning is contingent on overcoming doubts and objections. Having an educated sounding board, assists posters to develop those answers. Going through small claims allows more flexibility in rulings and determinations than would be found in normal court cases. On behalf of the primary contributing members... "Your welcome, glad you won".

    I didn't see one iota of anyone playing "devil's advocate." What I did see was a lot of presumptive -- I am smarter than you attitudes.

    You said: "....Having an educated sounding board....." Give me a break. Not one of you offered anything constructive. I sensed the attitude of watch out, you are gonna go down in flames.

    You said: "On behalf of the primary contributing members...."Your welcome, glad you won".

    If you mean contributing members in that they contributed to helping me out. NOT.

    Oh, and by the way. "Your welcome" is correctly spelled "you're welcome."

    Unlike Arnold, I won't be back.
  12. #27
    startedone is offline Member
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    Quote Originally Posted by foxriverguy View Post
    So all you naysayers can go jump in the lake. I won.
    Congrats ! I hope all the postings helped you get ready for trial
  13. #28
    You Are Guilty is offline Senior Member
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    Oddly enough, in all my time here, I can recall about two cases where someone came back and admitted they lost. The other 99.998% all claim to have won. That's a better winning percentage than every lawyer I know.

    Weird.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  14. #29
    ecmst12 is offline Senior Member
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    To be fair, the ones who lose usually don't bother to come back at all.

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