I closed on my first home in May and since then I've found a number of things that are not right with the house that I think my home inspector should have discovered. For example, the flu control in the fireplace is broken and cannot function. So, before I can use the fireplace I'll have to have it repaired. I got two estimates for this, and both were over $800 because the front of the fireplace has to be taken down and then reinstalled. I talked to the inspector and he told me that, based on the home inspection agreement I signed with him, the only damages I can collect from him are limited to the cost of the inspection (much less than $800--and I have other things he missed too). So my question is whether he can get away with that or whether I can do something to get paid for the damages?
Submitted by DeMint on Tue, 07/05/2011 - 07:43
Posted in
Suit against home inspector in MA
That's unfortunate, but at least you had the inspection done. Although home inspections are not required by Massachusetts law, it is highly recommended that you obtain one before purchasing a home.
Massachusetts currently requires home inspectors to be licensed, and they are regulated by the state Board of Registration of Home Inspectors. Additionally, home inspectors are required to carry $250,000 of errors and omissions insurance. What all that means is that you have some leverage to get the inspector to cooperate. Also, I'm fairly certain that Massachusetts law prohibits inspectors from using contract clauses in an attempt to limit their liability for negligent acts or omissions.
I would send him a certified letter, with copies of your estimates, demanding that he reimburse you for cost of performing the repair work. He should then either pay you the amount himself or refer the matter to his insurer. If he refuses, you should contact the Board of Registration of Home Inspectors. You can get more information and obtain a complaint form my contacting the Office of Investigations by mail, at 239 Causeway Street, Boston, MA 02114, or by phone at 617-727-7406. Good luck.
Home inspector complaint
FYI for other readers who have not yet hired an inspector, you can visit the website of the Board of Registration to obtain license status for any inspector you are considering.