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M$3 May 31, 2009 07:16 PM

What is a house inspector liable for?

My sisters friend recently bought a house. Just recently she noticed a very bad mold problem in the basement that was painted over with layers of paint when viewing the house and when inspected. The mold has made its way through the paint. Is she screwed? What kind of action can she take? On whom?
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May 31, 2009 09:04 PM
This type of problem is likely to depend on your location, but I don't believe that the housing inspector is liable for this type of problem.

What I would suggest is looking over the legal sales documents and reviewing any clauses that speak about onus and disclosure. If the original owners were aware of the mold problem, and chose to paint over it, they may still be liable for the damages that have been caused, especially if it is a new purchase.

I would suggest speaking with legal counsel if you are truly concerned about this.


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May 31, 2009 09:11 PM
I'm assuming that your sister's friend did hire a home inspector to evaluate the home's condition. Unfortunately, when you hire a home inspector you are purchasing their opinion based on their knoweldge and experience, not a guarantee. They do not guarantee that the house is in perfect condition or that you will never encounter any problems in the future. Depending on the scope of the inspection, that is what were covered during the inspection, your sister's friend may or may not sue the inspector for liability. My advice is ask her to pull out the contract she has with the home inspector and review it thoroughly. As regards to the seller whom she bought the house from, I don't think she can take action against them, especially if the house was sold as is originally.

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