THE INTERSECTION OF HOME INSPECTION AND REAL ESTATE LAW
Lance Luke
9/26/20251 min read
Buying a home is a big investment, and it's important to make sure you're getting what you pay for. A home inspection is a great way to identify any potential problems with the property before you sign on the dotted line. But what happens if the home inspector misses something? Or what if the seller fails to disclose a known defect?
This is where real estate law comes in. In many states, there are laws that protect home buyers from defects that are not disclosed by the seller. These laws can vary from state to state, so it's important to consult with an attorney to understand your rights.
In general, home sellers are required to disclose any known defects that could affect the value of the property. This includes things like structural damage, water leaks, and pest infestations. If the seller fails to disclose a known defect, and the buyer later discovers it, the buyer may be able to sue the seller for damages.
Home inspectors are also held to a certain standard of care. They are expected to use reasonable care and skill to identify any defects that are present in the home. If the home inspector misses a defect, the buyer may be able to sue the home inspector for negligence.
It's important to note that home inspections are not perfect. Home inspectors can only identify defects that are visible and accessible. They cannot see behind walls or in the attic. As a result, there is always a chance that a home inspection will miss a defect.
That's why it's important to be proactive when buying a home. In addition to getting a home inspection, you should also:
Do your own research on the property.
Hire a real estate attorney to review the purchase contract.
Get a second opinion on the home inspection report.
By taking these steps, you can help protect yourself from defects that are not disclosed by the seller or missed by the home inspector.
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