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  1. #1
    Join Date
    Sep 2019
    Posts
    1

    Default Possible Negligent Home Inspection

    My question involves real estate located in the State of: Louisiana

    Two weeks ago I purchased a house. I received an inspection and it mentioned previous termite damage but no active termites. After closing I noticed some termite frass in a the lower portion of the house. I proceeded to inspect the second level of the home and noticed more frass. I inspected the crawlspace and noticed even more damage than originally reported in the inspection. I called to have an estimate using three different treatment companies and they all mentioned the visual activity should’ve been caught and the best course of action is to tent the house. I spoke to the original inspector. He agreed to reinspect the house and he also agreed he missed it. He said he was embarrassed and offered to treat the house or possibly purchase the house form me at cost. I mentioned that I would like to have the house treated/tented and have the whatever repairs made to fix the issues. He was kind of hesitant on the idea, but may be willing to do so.

    My question is, can I hold him liable more than just the repairs and treatment? It is a lost cause?
    Would the best course of action be to just sell him the house?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,473

    Default Re: Possible Negligent Home Inspection

    Quote Quoting CarbonNOLA
    View Post
    My question is, can I hold him liable more than just the repairs and treatment?
    Probably not. If he is willing to have the house treated and repaired at his expense, that would be an exceptional result considering his contract probably has a disclaimer about issues that are not discovered.


    Quote Quoting CarbonNOLA
    View Post
    It is a lost cause?
    Would the best course of action be to just sell him the house?
    That would be a personal decision on your part. If you want the house and he is willing to treat and repair at his expense, you would get to keep the house. On the other hand, if he just wants to buy the house at your cost (including all closing costs) you lose the house but are made whole on your purchase.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Possible Negligent Home Inspection

    a question to you: what would you have decided regarding the sale if the inspector had found an active termite infestation?


    you were aware there had been termites so you would not be owed the cost of any repairs since there would be little to no quantifiable damage time since you purchased the home. In other words, the failed inspection did not cause you to experience any real damage to the building since it was discovered so quickly after the purchase. Since the inspector offered to treat the home for free, if you would have purchased the home if the active infestation had been discovered, again, there would be no damages to recover.

    Given the possibility of the inspector purchasing the property at your cost, if you would not have purchased the home, again, you have not been damaged since it would make you whole (the same as if you would not have purchased the home). So, no damages, no claim for anything more than what has been offered.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,257

    Default Re: Possible Negligent Home Inspection

    I'm hoping you're talking about a specific TERMITE inspection and not something that was just noticed in a general home inspection.

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