failure to disclose

[ananke]

What is the name of your state? michigan
We purchased a home last August which has a terraced stone retaining wall. The wall holds back a bank upon which our home and garage sit. Within a month after the closing, some stones in one of the terraced sections had come down. During the spring, we noticed that more areas of the retaining wall had come down. Prior to purchasing the home, we had it inspected and on the report the inspector noted that the retaining wall was "adequate." We had been concerned about the retaining wall so the inspection was one of the determinants for going ahead with purchasing the home. After the first instance of the wall failing, I happened to speak with the former owner who said that every few years a few stones would come down but it was not extensive. However, we has since learned from people in the area that there have been major failures of the retaining wall. We have had landscape contractors give us estimates on repairs and it will cost between $12,000 and $15,000 to have the wall done properly. The last person to look at it (a landscaping architect) said that if it is not repaired properly eventually the ground under our garage and home will slide down the bank. Obviously the previous owner knew this retaining wall was a problem and the inspector should have know this, too. Do we have any recourse? The inspection form states that the inspector can't be sued, but we wonder if that statement really legally absolves the inspector of any responsibilty.

 

[HomeGuru]

What is the name of your state? michigan
We purchased a home last August which has a terraced stone retaining wall. The wall holds back a bank upon which our home and garage sit. Within a month after the closing, some stones in one of the terraced sections had come down. During the spring, we noticed that more areas of the retaining wall had come down. Prior to purchasing the home, we had it inspected and on the report the inspector noted that the retaining wall was "adequate." We had been concerned about the retaining wall so the inspection was one of the determinants for going ahead with purchasing the home. After the first instance of the wall failing, I happened to speak with the former owner who said that every few years a few stones would come down but it was not extensive. However, we has since learned from people in the area that there have been major failures of the retaining wall. We have had landscape contractors give us estimates on repairs and it will cost between $12,000 and $15,000 to have the wall done properly. The last person to look at it (a landscaping architect) said that if it is not repaired properly eventually the ground under our garage and home will slide down the bank. Obviously the previous owner knew this retaining wall was a problem and the inspector should have know this, too. Do we have any recourse?
**A: this appears to be a case of nondisclosure. I would hire either a soils or structural engineer since the landscape architect may not be qualified.
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The inspection form states that the inspector can't be sued, but we wonder if that statement really legally absolves the inspector of any responsibilty.

**A: no, you can sue but review the inspector's qualifications and standards of practice. Any inspector that states adequate in response to an inspection of a retaining wall is questionable in my book.