• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bad Inspection + Attorney ???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gml659

Member
What is the name of your state?What is the name of your state? Washington

I bought a home that I had professionally inspected for defects which is typical and normal for this type of transaction. The inspection company is a national company that is well known.

The inspector made glaring errors. Namely, that the foundation was sinking. Once I moved in I noticed many of the floors had a noticable slants in them. That the cabinets where plumb but the walls were not. Upon inspection underneath the home by a building contractor and myself it was noted the foundation had been shimmed NUMEROUS times and places on the post and beam construction. It was plainly obvious that the foundation had SEVERE problems. Why the inspector did not catch this is beyond me? The estimate to fix the foundation was over $50,000. This and that with the fixing processes there was no guarantee that the jacking of the house would not cause more damage. So, I elected to tear down the home and re-build. I have numerous photos and an attorney.

My question is two part:

1. How much is the inspection company liable for?

2. My attorney is being paid on contingency. This said, he seems to me to not be well prepared....MHO. I suggested we get another inspection and he passed on this. I just don't have a good feeling in my stomach. OR, is it that this attorney is SO confident that he didn't even feel the need to get another inspection. I took numerous digital photos of the problems.....but this was my idea, not his. I'm stumped. The guy is working on contingency. The more he wins the more he gets. If we get zero....he gets zero. I would think he would show more "motivation". Perhaps I am not getting the big picture?

Thank You,


GML
 


HomeGuru

Senior Member
gml659 said:
What is the name of your state?What is the name of your state? Washington

I bought a home that I had professionally inspected for defects which is typical and normal for this type of transaction. The inspection company is a national company that is well known.

The inspector made glaring errors. Namely, that the foundation was sinking. Once I moved in I noticed many of the floors had a noticable slants in them. That the cabinets where plumb but the walls were not. Upon inspection underneath the home by a building contractor and myself it was noted the foundation had been shimmed NUMEROUS times and places on the post and beam construction. It was plainly obvious that the foundation had SEVERE problems. Why the inspector did not catch this is beyond me? The estimate to fix the foundation was over $50,000. This and that with the fixing processes there was no guarantee that the jacking of the house would not cause more damage. So, I elected to tear down the home and re-build. I have numerous photos and an attorney.

My question is two part:

1. How much is the inspection company liable for?

**A: it depends and I would estimate between $0 and $50K.
**********

2. My attorney is being paid on contingency. This said, he seems to me to not be well prepared....MHO. I suggested we get another inspection and he passed on this. I just don't have a good feeling in my stomach. OR, is it that this attorney is SO confident that he didn't even feel the need to get another inspection. I took numerous digital photos of the problems.....but this was my idea, not his. I'm stumped. The guy is working on contingency. The more he wins the more he gets. If we get zero....he gets zero. I would think he would show more "motivation". Perhaps I am not getting the big picture?

Thank You,


GML

**A: first read your Inspection contract. You were to contact the inspector immediately. Now the actual evidence is gone and the inspector was not given a chance to dermine if he/she is at fault and to perhaps fix the problem. And you should have gotten a second inspection. There possibly is a limit of liability clause and a binding arbitration clause in your contract. But for gross negligence, prove that ASHI standards were not followed and file a claims against the inspectors E&O insurance.
 

gml659

Member
I did contact the company to reconcile the problem. Three years ago. I don't remember if they reinspected or not.

Thanks,

GML
 

HomeGuru

Senior Member
gml659 said:
I did contact the company to reconcile the problem. Three years ago. I don't remember if they reinspected or not.

Thanks,

GML


**A: Huh? Then please do not post here unless you have all the real facts.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top