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Your legal options if you suspect home inspector negligence

On Behalf of | Nov 7, 2023 | Real Estate Disputes |

When purchasing a home, hiring a home inspector is an important step in ensuring that the property does not have any hidden problems. However, there are situations when a home inspector may fail to identify significant defects or issues within the property. 

If this happens, it may be considered. If you find yourself in such a situation, it’s essential to understand your legal options.

Identifying negligence

Negligence on the part of a home inspector can occur in several ways. Examples include:

  • Overlooking major defects
  • Not following state regulations
  • Failing to report hazards

It is necessary to show negligence by demonstrating the inspector failed to perform their duties to the standard of care expected in the field.

Potential legal recourses

If you have suffered damages due to an inspector’s negligence, you have several legal options to consider:

  • Contractual claims: Have a professional review the contract you signed with the home inspector. Many contracts include clauses that limit the inspector’s liability to the cost of the inspection. However, if the inspector has made guarantees or warranties, and those have been breached, there could be grounds for a contractual claim.
  • Civil claims: In cases where the contract does not limit liability, or the negligence is particularly egregious, you may have a civil claim. This would involve filing a lawsuit alleging that the inspector’s failure to identify a defect has resulted in financial harm.
  • Licensing board complaints: Home inspectors must be licensed in Texas. Filing a complaint with the licensing board can result in disciplinary action against the inspector and sometimes compensation for the complainant.

Before you try to take legal action, you should consider speaking to someone who knows the laws and your options. They can provide advice and guidance to help you get the best possible outcome for your situation. Understanding your legal options is the first step towards seeking compensation for the losses incurred due to home inspector negligence. 


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