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Problem with house inspector

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foxriverguy

Junior Member
We live in Florida.

I hired a house inspector to inspect our house as a condition of purchase. He found some pretty minor stuff and missed a couple of big issues. the most serious error was that he failed to notice that the French doors leading to the outside patio were installed backwards. In checking with Jeld-Wen as to why the door leaked in every rainstorm they asked for pictures. The response was immediate. They said the doors will leak until they are taken out and installed properly. They are installed backwards. I contacted the home inspector and asked him for the name of his insurance company. He sent me a check for $275 which was the cost of his inspection. He also included a covering letter that stated the contract I signed limited his damages for errors and omissions to the fee paid.

My cost will be at least $800 which includes a $165 building permit.

We have a Small Claims Court date set for Apil 18 at which time I am going to ask for the difference between the $800 and his $275 check.

Does anyone have any suggestions how I can deal with his position that I signed the contract and all I am going to get is the $275? People sign releases preventing them from bringing suit all the time and malpractice award cases are won every day.
 


Banned_Princess

Senior Member
We live in Florida.

I hired a house inspector to inspect our house as a condition of purchase. He found some pretty minor stuff and missed a couple of big issues. the most serious error was that he failed to notice that the French doors leading to the outside patio were installed backwards. In checking with Jeld-Wen as to why the door leaked in every rainstorm they asked for pictures. The response was immediate. They said the doors will leak until they are taken out and installed properly. They are installed backwards. I contacted the home inspector and asked him for the name of his insurance company. He sent me a check for $275 which was the cost of his inspection. He also included a covering letter that stated the contract I signed limited his damages for errors and omissions to the fee paid.




My cost will be at least $800 which includes a $165 building permit.

We have a Small Claims Court date set for Apil 18 at which time I am going to ask for the difference between the $800 and his $275 check.

Does anyone have any suggestions how I can deal with his position that I signed the contract and all I am going to get is the $275? People sign releases preventing them from bringing suit all the time and malpractice award cases are won every day.
the contract you had limits his liability to the fee you paid for the inspection.

case closed.
 

ecmst12

Senior Member
You need a permit for just about everything. Most people don't GET them, but that doesn't mean they're not actually required.
 

You Are Guilty

Senior Member
the contract you had limits his liability to the fee you paid for the inspection.

case closed.
Not to mention if you already cashed the $275 check (which, btw, is a very cheap fee for a full inspection), you might want to google "accord and satisfaction" before heading to your court date.
 

FarmerJ

Senior Member
I agree that there should not be a permit fee on this, it is not a brand new install it is a repair and thats all it is nothing more. As far as a fee to hire someone to correct it goes You too could have paid attn and noticed when you were buying the home that it was backwards and insisted in your offer that it had to be corrected , but your free to file small claims and let the court decide. ( I think it would be a waste of the courts time )
 

foxriverguy

Junior Member
I agree that there should not be a permit fee on this, it is not a brand new install it is a repair and thats all it is nothing more. As far as a fee to hire someone to correct it goes You too could have paid attn and noticed when you were buying the home that it was backwards and insisted in your offer that it had to be corrected , but your free to file small claims and let the court decide. ( I think it would be a waste of the courts time )
What makes you think I am qualified to notice a backwards installation? That is why we hired an inspector. I go see my doc annually for the same reason, I let the "experts" do their thing. Sometimes they mess us and I am seeking full compensation for the inspector's error. Furthermore, most home inspectors carry insurance to cover claims resulting from "errors and omissions". If their responsibility for damages resulting from an error was limited to the cost of the inspection, then such insurance would not be sold.
 

swalsh411

Senior Member
If he has something that you signed saying that the best you could do would be to get your fee back then he will win.
 

Zigner

Senior Member, Non-Attorney
I agree - you could have negotiated the contract with the inspector. Of course, it would have cost you more.
 

davidmcbeth3

Senior Member
I have not cashed the check.
Then you have not accepted the settlement it appears. So, you are thinking: a) take it or b) what else can I do, is there other compensation I may be due

I cannot read the contract from here that you had with the inspector, if any, and if none, what does the law say about this? Google scholar, lexis law, look at state statues for guidance & possibly a lawyer.

It may all depend on the details ...
 

foxriverguy

Junior Member
Problems with a home inspector

Then you have not accepted the settlement it appears. So, you are thinking: a) take it or b) what else can I do, is there other compensation I may be due

I cannot read the contract from here that you had with the inspector, if any, and if none, what does the law say about this? Google scholar, lexis law, look at state statues for guidance & possibly a lawyer.

It may all depend on the details ...

O.K. I did some old fashioned homework. This is exactly what I was looking for.
But first a comment. Most of you did not repsond to what I was looking for. I got all sorts of faulty advice.

Here is what I found on line

Limitation of Liability – Case Precedents

1999 – Florida Supreme Court in Moransais v. Healthman decided ….your firm can not contractually limit its liability for professional malpractice.

June, 2009 Florida Third District Court of Appeals in Witt v. La Gorce Country Club issued their opinion that a limitation of liability in a consultant's professional services contract is unenforceable.

Ricciardi v. Frank, 620 N.Y.S. (City Ct. 1994). The LOL clause limited the engineer's liability to $375. The court ruled the clause invalid because the homeowner was not given the option to purchase full protection.....

Estey v. McKenzie Engineering, Inc. 324 Ore. 372, 927 P2d 86, 1966. Following a lawsuit and appeal, the Oregon Supreme Court invalidated the LOL clause, ruling it was vague and the specified amount ($200) was too low in comparison to the actual damages.



Conclusion: Based on the above it would seem that the courts do not look favorably on Limitation of Liability clauses which do little to protect homeowners or recipients of professional services, and as written protect the provider of professional services with freedom from being sued for errors, omissions or malpractice.

I am confident I will win my case and get repaid the costs incurred in correcting the door as well as my court costs.. Two of the cases I found were in Florida. I live in Florida. The preponderance of case law is on my side.
 

swalsh411

Senior Member
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!
 

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