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Seller did not disclose, Inspector did not report problem

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tracyhoss

Guest
What is the name of your state? Ohio

I purchased a home in Dec with right of inspection. The sellers did not disclose that they had a water problem in the basement. The put a new bathroom in in Feb 2000 in the corner where the main problem water problem is. The covered the walls & floor with tar & used treated wood. Outside they caulked only in the corner where the water is a major problem. Feb 2001 they had a rush order for tile of which they used only 8 of the 30 pieces, one year after the bathroom was put in. March 2002 they had a quote for wall anchors, they did not have the work done until Sept of 2002 & put the house for sale in Nov 2003. I ask before the purchase if water was ever a problem & I was told no by the husband & wife. They signed the disclosure form stating that there was no water problems. I hired a licensed inspector who gave me a 33 page report on what great shape the house was in & note no major problems with the house. There is visable signs of water under the staircase. If looking at the bathrooms construction you can see the tar & outside it is obvious that the calking was only done in a specific area. I moved in the second week of Jan & had water problems the first week of Feb when it warmed up & there was a small rain. I have had water problems ever since. The water is in the foundation & I have been told that the back & side walls will have to be dug up & replaced, put in a french drain, landscaping & back patio will have to be taken out & replaced, the chain link fence will have to be taken out & out back to get a digger in the back yard & the newly remodled bathroom will have to be torn out & redone due to the mold caused by the water.
Where does the liabilty fall? The seller failed to disclose the problem. I did buy with the right to inspect but the inspector who is a professional failed to notice a major defect which is going to cost between $30-$40,000 to fix.
I have been documenting everything & the inspector was notified the first week of Feb when the problem started. He keeps telling me that he can't afford a lawsuit. I cannot afford to fix the problem.
Is this the sellers problem or the inspectors problem? I did not sign a contract with the inspector limiting his liability.
Please help!
 


P

piggycat

Guest
Hey there, go read my thread on incompetent home inspector. it is lengthy and about the inspector missing termite damage and mold and mildew, etc........

same issues different damage.

more later,

good luck,

piggycat:)
 
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tracyhoss

Guest
THanks for your post. I read your posts last night. It is upsetting when you hire a professional for their expertise & they miss huge issues like we have. Mine had commented that the piece of oak strip that ran between the tile in the kitchen & the carpet in the living room is a possible tripping hazard. So is my right & left foot on any given day. The report told me how well built & maintained the house was & the only remarks of prossible problems were so small. The buyers put no water problems & they were covered up. Anchors put in the wall 2 months before the sale should of been something that the inspector should have looked closer at. Even if there was no signs of water which there were, he being an educated professional should have known that IF there was not a water problem that they tried to seal & fail, one could result due to the anchors moving the wall, the water would have to go somewhere.
THanks for your post & good luck

I just waonder about Ohio Law & if there is a limit to his liability even though I did not sign a contract with him limiting his liability.

He has contacted me numerous times. The inspector stops by work & my house, calls my work, home & cell trying to get in contact with me. He does not want to be sued & offered me the $150 back for the inspection (HE CHARGED $200) So I paid his high rate & did not get a good job. On his brochures he mentions on like point 7 that he is fully insured.
 
P

piggycat

Guest
Sounds like this guy KNOWS he messed up. Does Ohio license inspectors? If so, file a complaint with the licensing division. I got the Texas info off the web.

I consulted a board certified RE lawyer, before I started making demands of anyone.

does he carry errors and omission insurance? if so, file a claim with them.

I have been researching all the laws that relate to this and there is loads of info in the net. just do a search on negilent home inspectors.... and incompetent home inspectors.... and start reading and taking notes.

I am sending off my second letter to the inspection company today.... after this, if they do not respond, I will go back to the attorney.

good luck.

piggycat
and all her new termite friends!
 

HomeGuru

Senior Member
tracyhoss said:
What is the name of your state? Ohio

I purchased a home in Dec with right of inspection. The sellers did not disclose that they had a water problem in the basement. The put a new bathroom in in Feb 2000 in the corner where the main problem water problem is. The covered the walls & floor with tar & used treated wood. Outside they caulked only in the corner where the water is a major problem. Feb 2001 they had a rush order for tile of which they used only 8 of the 30 pieces, one year after the bathroom was put in. March 2002 they had a quote for wall anchors, they did not have the work done until Sept of 2002 & put the house for sale in Nov 2003. I ask before the purchase if water was ever a problem & I was told no by the husband & wife. They signed the disclosure form stating that there was no water problems. I hired a licensed inspector who gave me a 33 page report on what great shape the house was in & note no major problems with the house. There is visable signs of water under the staircase. If looking at the bathrooms construction you can see the tar & outside it is obvious that the calking was only done in a specific area. I moved in the second week of Jan & had water problems the first week of Feb when it warmed up & there was a small rain. I have had water problems ever since. The water is in the foundation & I have been told that the back & side walls will have to be dug up & replaced, put in a french drain, landscaping & back patio will have to be taken out & replaced, the chain link fence will have to be taken out & out back to get a digger in the back yard & the newly remodled bathroom will have to be torn out & redone due to the mold caused by the water.
Where does the liabilty fall? The seller failed to disclose the problem. I did buy with the right to inspect but the inspector who is a professional failed to notice a major defect which is going to cost between $30-$40,000 to fix.
I have been documenting everything & the inspector was notified the first week of Feb when the problem started. He keeps telling me that he can't afford a lawsuit. I cannot afford to fix the problem.
Is this the sellers problem or the inspectors problem? I did not sign a contract with the inspector limiting his liability.
Please help!
**A: both the Seller and the inspector are liable. Hire an attorney to go after both. Does the inspector have E&O insurance?
 

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