Can I file a lawsuit against a home inspector?

[stevenson]

Does home inspectors in California have any liability?

Just bought a house in Los Angeles area. The home inspector did not detect a major leak in the plumbing nor did he see a visible crack in the footing of the housing. The crack was visible from outside and if he had seen it we could have known that the crack extends all the way inside the house underneath the carpet. The seller will not take any responsibility for any repairs, says did not know about cracks and if we had it in the inspection report, prior to close of escrow, then they would have dealt with it or fixed it.

The cost for repair of the cracks outside and inside of house is $3000. I don't know how much the plumbing is going to be for the leak. So now I want to go after the inspection company how should I go about it?

[Irene]

There are two things you need to look at in your contract with the inspector. A home inspector isn't necessarily going to be responsible for catching every little problem with the house. There may be some limitation on the scope of his inspection services. He probably also has a limitation of damages clauses that basically says you are entitled only to a refund of what you paid for the services.

There are as many as 4 people who might be responsible: (1) the seller; (2) the seller's agent; (3) your agent; and (4) the inspector. For $3000, this is a small claims matter. California offers free access to a small claims advisor's office, so make an appointment with them for a consultation before filing suit.

[liowkc]

The inspector does not check the comestic features of the home. Also keep in mind that the inspector does not warrant the home against any problems. He is just reporting any existing problems at the moment.

[Hammond]

I think you can file a lawsuit for just about anything and if a house inspector was particularly neglegent then you may just have a winning case.