Posted 20 February 2013 - 06:47 AM
Posted 20 February 2013 - 09:45 AM
Posted 20 February 2013 - 12:32 PM
Posted 23 February 2013 - 02:50 PM
1) Action against the building inspector (most likely your remedy would be limited to whatever you paid for the inspection). Most of the service contracts like that would expressly limit any liability to only the cost of services as they wouldn't want to be liable for the purchase price of a home that they incorrectly inspected.
2) Action against the seller.
Generally sellers are required to disclose all defects that they know of (latent defects). It is clear that the seller was aware of these defects at the time of sale, so you are faced with the issue of showing/determinging that these were in-fact defects.
Your next stop might be to research what consitutes a 'defect'. Look to the general theory of what a defect is (maybe as broad as something which would prevent a building from 'meeting code') instead of an enumerated list.
Posted 28 February 2013 - 08:20 AM
Second, it would be helpful to know whether you received a termite inspection report and a home inspection report prior to the close of escrow. These reports are standard practice in most states.
If nothing was disclosed, and no reports were provided, you may still have a claim against the seller and the real estate brokers involved (if any) for failure to disclose patent defects. A patent construction defect is one which would be noticeable during the course of day to day living in the house.
Edited by FindLaw_AHK, 04 March 2013 - 10:11 AM.
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