Florida.
Prior to purchasing a (then) 10-year-old house in SW Florida, we contractually hired an inspection company to complete a 'wind mitigation' report for insurance purposes, and to verify whether or not the windows and doors were hurricane impact-rated, which is what the real estate description stated. The report, as completed by a certified inspector, concluded that all 30 windows, doors and sliders were indeed impact-rated. Based on those conclusions, we purchased the house at a price that reflected the inclusion of impact-rated windows/doors. Within a year after buying, based on suspicions, I had the same inspection company come out to take another look at the windows/doors. After a second inspection they admitted to me, and eventually to the State, that their initial report was wrong. Not one of the windows or doors are impact-rated! NOT ONE! They are, instead, made of tempered glass with no impact rating. 'Tempered glass' is clearly stamped on the windows as well as the manufacturer's labels on the frames. The cost to replace all windows and doors for impact-rated units is roughly $50,000. Which means we lost $50,000 in equity by paying for impact windows that don't exist. Had I known, I never would have purchased the house, much less stayed in it with a false sense of enhanced security during Hurricane Irma. I now have a lawyer and we're going to arbitration with the inspector's insurance company (they won't do mitigation). My lawyer says I need to prove 'gross negligence' to win my case. The inspection company called it a slight oversight and not gross negligence. I don't believe the inspector meant to falsify the report and cause us harm. I believe he just totally screwed up! He is now under investigation by the Florida Dept. of Business & Professional Regulation. My question is, what claim of gross negligence can I use or prove in order to win my case? Is it enough that he misidentified every single window and door? Is it enough that he cost us $50k, and that we wouldn't have bought the house if the report had been accurate? Your insight is appreciated.
Prior to purchasing a (then) 10-year-old house in SW Florida, we contractually hired an inspection company to complete a 'wind mitigation' report for insurance purposes, and to verify whether or not the windows and doors were hurricane impact-rated, which is what the real estate description stated. The report, as completed by a certified inspector, concluded that all 30 windows, doors and sliders were indeed impact-rated. Based on those conclusions, we purchased the house at a price that reflected the inclusion of impact-rated windows/doors. Within a year after buying, based on suspicions, I had the same inspection company come out to take another look at the windows/doors. After a second inspection they admitted to me, and eventually to the State, that their initial report was wrong. Not one of the windows or doors are impact-rated! NOT ONE! They are, instead, made of tempered glass with no impact rating. 'Tempered glass' is clearly stamped on the windows as well as the manufacturer's labels on the frames. The cost to replace all windows and doors for impact-rated units is roughly $50,000. Which means we lost $50,000 in equity by paying for impact windows that don't exist. Had I known, I never would have purchased the house, much less stayed in it with a false sense of enhanced security during Hurricane Irma. I now have a lawyer and we're going to arbitration with the inspector's insurance company (they won't do mitigation). My lawyer says I need to prove 'gross negligence' to win my case. The inspection company called it a slight oversight and not gross negligence. I don't believe the inspector meant to falsify the report and cause us harm. I believe he just totally screwed up! He is now under investigation by the Florida Dept. of Business & Professional Regulation. My question is, what claim of gross negligence can I use or prove in order to win my case? Is it enough that he misidentified every single window and door? Is it enough that he cost us $50k, and that we wouldn't have bought the house if the report had been accurate? Your insight is appreciated.
