Need Advice About Home Inspection issues

[Really Not All That Bright]

Is a home inspector ever liable in any way for failing to identify issues with a home? We've had two serious problems with our house - a wall leak and an air conditioner which is rusted through - neither of which our home inspector correctly identified.

Several professionals who inspected the wall after we realized it was leaking were shocked that the inspector could have missed the problem, and the HVAC guy currently looking our AC unit is equally shocked that he could have missed the problem.

I'm planning to file a complaint with the BBB and whoever regulates home inspectors in the state, but is there grounds for a negligence suit or somesuch?

I'm in Florida.

Lawyers- I am not your client, you are not my lawyer, I am not asking for legal advice, you are not offering legal advice, and I wouldn't take it anyway if you were, etc.

[Sparky812]

What does your contract with the home inspector state about liability? I know for my last one there was a complete disclaimer denying all responsiblity.
Did you walk through with him during the inspection? Unfortunately, due to ownership and licencing issues the inspection is not invasive, which means they cannot open up walls, ceilings, electrical panels, HVAC units, etc. Therefore, if these problems were concealed he may not have spotted them.
You may have a better case against the previous owners if they failed to give full disclosure and/or concealment of existing problems at the time of sale.

[Really Not All That Bright]

It disclaims all liability. In lots of other cases I know of, though, it's meaningless for a service provider to disclaim all liability. I was hoping 'twould be the case here.

I'm not sure we'd have much of a case against the previous homeowners. I didn't notice either of the issues until it was too late, and I've been living in the house for a year; the professionals who did our recent inspections were surprised that the home inspector missed them, but not that we had.

[raindog]

Common sense alone should have all homeowners looking upon home inspectors with skepticism, IMV.

What's the chances your "home inspector" is knowledgeable about roofing systems, structural issues, pest control/infestation, HVAC, Plumbing and Electrical systems, mold and environmental issues (asbestos etc), foundation, drainage, septic, and God knows what else a homeowner will face?

IME the average home inspector's report is barely worth the paper its printed on. The home inspector, IMV, gives the potential home buyer a false sense of security.

[raindog]

Originally Posted by Really Not All That Bright

Is a home inspector ever liable in any way for failing to identify issues with a home? We've had two serious problems with our house - a wall leak and an air conditioner which is rusted through - neither of which our home inspector correctly identified.

Several professionals who inspected the wall after we realized it was leaking were shocked that the inspector could have missed the problem, and the HVAC guy currently looking our AC unit is equally shocked that he could have missed the problem.

I'm planning to file a complaint with the BBB and whoever regulates home inspectors in the state, but is there grounds for a negligence suit or somesuch?

I'm in Florida.

Lawyers- I am not your client, you are not my lawyer, I am not asking for legal advice, you are not offering legal advice, and I wouldn't take it anyway if you were, etc.

You indirectly addressed the problem with home inspectors.

I have no idea why an HVAC guy would be 'shocked' that a home inspector-------who is not trained in HVAC; a highly technical skill set that takes years to fully master---------- would miss something.

I'm a contractor and we routinely get calls from home sellers who have to "correct" things that home inspectors "find"; yesterday it was the wrong size fuses in a A/C disconnect box and a loose piece of insulation on the A/C line.

Does the unit have the right amount of refrigerant? Is the compressor drawing over-current? The gas valve/pressure? Operating pressures? ETC ETC ETC ETC

I can't tell you how many professional looking home inspector reports I've seen where digital pictures were cut and pasted into a boiler plate document and only the most cursory and visual things were checked.

You want a professional opinion on that roof? Call a roofing professional. HVAC systems? Call a HVAC professional.

Will that approach cost more money? Yes.

But you get what you pay for.

[Really Not All That Bright]

It's not so much the cost as the practicality. It would have been pretty hard to get the seller to agree to let me bring 14 contractors of various specialties over to poke around their house.

[raindog]

Originally Posted by Really Not All That Bright

It's not so much the cost as the practicality. It would have been pretty hard to get the seller to agree to let me bring 14 contractors of various specialties over to poke around their house.

That's true, and probably the reason the home inspection business model exists. It's convenient to have a turn key point of contact.

But I'm a contractor and one of those 14 specialty contractors and I'd feel a lot better about the home inspection industry if they'd come clean and tell the industry that you're going to get an inspection from 30,000 feet from a person who may have a high level of knowledge from a given trade (many home inspectors are former skilled tradesmen, or come from within the industry) but will not be knowledgeable on most trades.

IME, the inspection is most often done by a Jack of all Trades, who is often a master of none of them.

[Really Not All That Bright]

Is there a better way, then?

[raindog]

Originally Posted by Really Not All That Bright

Is there a better way, then?

Well, IMHO, I would consider the home inspector a view from 30,000 feet. In post 5 I gave some examples, but it has been my experience that most home inspectors are better informed/educated than the average home buyer.

But thats a far cry from "expert." Thats not to say that any given inspector isn't an expert in something*; whether that be structural, or roofing or general construction. (* based on his background) Se we see lots of boiler plate cut and paste reports with some impressive-------but largely cosmetic----flaws that need to be corrected.

My advice, fwiw: If you find a home that you're gaga over hire the home inspector, and if the roof, or HVAC, or electrical systems are more than 10-12 years old, hire a professional in those trades.

By way of example, if you hired us for an HVAC appraisal we would do a comprehensive combustion analysis, check the unit from top to bottom, including the complete mechanical and refrigeration systems. It would cost you between $99 and $119.

Will that cost you more? Yep. But a good technician will find the real problems with the system (if there are any) and not cosmetic stuff like missing insulation on refrigerant lines.

If you tell him up front that you are not the owner but a potential buyer, and give him direction and you'll get a report that is more technical and valid.

And......if there are problems I guarantee the repair will be more than the cost of his analysis. IOW, if he finds problems (and you close the deal) the corrections will more than pay for the cost of his inspection.

[raindog]

ETA
I don't think you need "14" trades.

The "big ones" I suppose, are structural, roofing, HVAC, plumbing and electrical.

Thats 5.

And, IME, probably HVAC, electrical, and roofing are the ones I would worry about most. (unless its an older house ---45+ years---old.)

If its a newer house, I might only check the HVAC systems. (we do HVAC/Plumbing and electrical)

Just one man's opinion. YMMV.

[fojna]

The best way is to learn to do it yourself. Could you miss something? Maybe even something big? Sure. but so could the professional. And while the professional has more experience (of doing a 30,000 foot spot-check), you have more incentive and can develop experience. The inspector gets paid either way.

I spent about a year shopping for real estate and did walk throughs on about 30 different houses in my area. I almost bought two of them, and neither were very good; both deals fell through and I finally decided to just build a house myself. It is going fairly well. Sure, I've made a few mistakes, and there may be a few issues--but I believe my house will be healthier than the two I almost bought and at this point I've already got the experience necessary to deal with any problems that crop up.