Ok, now you have chosen your home inspector, the inspection has been completed and escrow has closed. Now you find something wrong with the home, and you feel the inspector should have caught it so you could have negotiated with the seller before the close of escrow. Well, you really have 2 issues. First, is the issue something that the seller should have disclosed? Remember selling a home in an “as is” condition does not relieve the seller from disclosing material issues. Secondly the home inspector can be held liable depending on the situation. When property defects are not reported during the home inspection, the inspector probably can be held liable if the defects were within the scope of the inspection, and were visible and accessible at the time of the inspection. Most inspectors will itemize items that were either inaccessible or not within the scope of the report. If they were inaccessible and within the scope of the report, most should state that they recommend that they be inspected prior to the close of escrow. If you do have an issue with the report, call the inspector and have them come out to discuss the situation. If they are at fault, they should be given the opportunity to hire a repair contractor or simply pay for repairs themselves. Don’t rush to repair the problem yourself. See what the inspector has to say. Most inspection contacts will limit the liability of the inspector to either mediation, arbitration or put limits on the dollar amount of the liability. Many limit the liability to the cost of the report. If there is no resolution with the inspector, it just may come to the fact you are going to have to hire an attorney. Look, everyone that hires a home inspector wants to believe that the final report is the gospel. You are buying a perfect home. Well you are not. There is no such thing as a perfect home. In this writer’s experience, most home inspectors make a real effort to do a good job and most do. Most buyers do not have problems with the report after the close of escrow. But things happen and that is why it is of great importance on which one you choose to do the inspection. Choosing someone from the trade association such as ASHI, CREIA or the like is a good start. This writer is just giving you things to think about if there are issues with a home inspector. However an attorney is the only one that can give you legal advice.

American Society of Home Inspectors

California Real Estate Inspection Association

When buying a home a physical inspection of the property is imperative. A physical inspector can be recommended by your agent, but even if they do, talk directly with the inspector and find out as much as you can about their qualifications. You should be the one to place the order. It is wise to choose one that belongs to a trade association like ASHI (American Society of Home Inspectors or CREIA (California Real Estate Inspection association). Home inspectors are not licensed in the State of California. Many have chosen to be members of an association like CREIA. In order to belong to such an association the inspector must demonstrate technical proficiency, report writing skills and complete yearly continuing education. They must also be committed to conducting inspections in accordance with the organizations standards of practice and code of ethics. Many buyers unfortunately choose their inspector based on price alone. The lowest fee gets the job. That is not to say that an inspector that charges a lower fee than most is incompetent. Conversely paying a high fee does not insure that you are going to get the best report. You have to spend some time talking to more than one inspector and only then can you make more of an informed decision on who to choose. Choose wisely. The physical inspection of your next home is right at the top of importance. Making an offer on a home and getting it accepted is the easy part. Once you get into escrow, the physical inspection can make or break the deal.

American Society of Home Inspectors

California Real Estate Inspection Association