What to Do When a Home Inspection Reveals Horrible Issues
A million dollar home purchase can be a daunting commitment. However, if you encounter a massive issue with your new home during inspection, what are your options? This article will guide you through the process of understanding and addressing potential issues, including seeking recourse.
Understanding Your Home Inspection Agreement
The first step in dealing with inspection issues is to carefully review your inspection agreement. A typical agreement outlines what the inspector is expected to inspect and includes limitations that protect the inspector from legal action if they miss something unintentionally. This agreement is often indicative of the scope and responsibilities of the inspection process.
On Point Inspections, Home Inspectors in Oakland County, Michigan, provides comprehensive inspection services. However, it’s crucial to note that inspectors are protected by stringent contracts that prevent them from being sued for failures they couldn't foresee. This means that while inspectors are legally bound to do a thorough job, they have limited responsibility for what they miss.
Legal Recourse Against the Seller
In the event of hidden issues that were not identified in the inspection and should have been, your options might lie with the seller rather than the inspector. Legal recourse in such cases often centers around latent defects and patent defects.
Latent defects are typically defined as defects that are not obvious and could only have been discovered by detailed inspection or investigation. Patent defects, on the other hand, are readily observable without the need for specialized examination. If the issues were hidden by the seller, you may have grounds for legal action against them.
Research ‘latent defects’ and ‘patent defects’ in real estate law to better understand your options. Additionally, seeking legal advice from a real estate attorney can provide clarity and guidance on your specific situation.
Home Inspector’s Limitations and Recourse
Home inspectors are not liable for issues they didn’t discover unintentionally. Under the law, inspectors are only responsible if they were grossly negligent or intentionally failed to conduct a thorough inspection. Even then, a typical home inspector might only be required to refund their fee, usually a nominal amount.
For example, if a home suffers from faulty plumbing or electrical issues that an inspector should have noticed, there is very limited recourse. The majority of home inspectors are licensed professionals, and proving negligence is a challenging task.
Consider the Seller’s Disclosure
The seller’s disclosure is another tool at your disposal. If the seller intentionally concealed known issues, you may have legal grounds to pursue them for fraud. Deception on a seller disclosure can lead to civil litigation.
Request a copy of the seller’s disclosure form. Real estate agents are required to maintain records for at least seven years. If the agent claims they don’t have the records, it’s time to look elsewhere. Keep copies of all communications and documentation related to the disclosure process.
Addressing Specific Issues
Once you identify the specific issues, address them one at a time. Common concerns such as mold should be dealt with according to the appropriate remediation procedures. For mold issues, you might need to tent your house and use dry ice blasting to thoroughly clean the affected areas.
Other issues, such as radon gas, should not automatically be considered as exaggerated risks. According to scientific studies, radon is a real risk, and if levels exceed safe thresholds, it’s advisable to implement mitigation systems to protect your health.
Conclusion
While a home inspection may reveal uncomfortable truths, the remedy largely depends on whether the seller provided accurate information and whether the inspector met their professional obligations. If you find significant issues, a thorough review of the seller’s disclosure and legal consultation can guide you through the necessary steps.
Remember, owning a home comes with responsibilities, and understanding your rights can help you navigate any unexpected challenges with greater confidence.