What Are Homeowner's Rights For Home Inspections? (Find Out Now!)

As a home buyer, you have the option of a home inspection before the purchase. Once you buy the home, issues may arise that were not in the inspection report. Problems may be minor or the house may suffer significant damage. Understanding your rights for home inspections helps you decide the best course of action.

New homeowners have rights for damages caused by issues that were not identified in the home inspection report. In some cases, the inspector may be liable. In other cases, the seller or builder may be liable. Speaking with an attorney is the best way to understand your homeowner’s rights for home inspections.

Let’s take a closer look at home inspections and how to best handle any damage after you purchase the home.

Mortgage lenders require appraisals before making a loan offer for the property. The appraiser determines the value of the home. The report may include problems with the home and property that affect the value, but this is not required.

A home inspector works for the buyer. It is up to the buyer to decide whether or not to proceed with the purchase. Buyers may also use the home inspection report to include contingencies in the purchase or negotiate a lower selling price.

Some home sellers have home inspections before they put the property on the market. The seller may decide to fix the problems. At a minimum, the seller knows beforehand the types of issues that may be discussed during negotiations.

Like other professions, home inspectors are certified professionals with specialized training. Choose a home inspector who follows the standards of the American Society of Home Inspectors (ASHI). In addition to standards for home inspections, ASHI defines a code of conduct for professional home inspectors.

Additionally, look for a home inspector with experience and good reviews. As your friends, family, neighbors, and co-workers for recommendations. Experience really counts for home inspections. Some issues take a keen eye and in-depth knowledge of home systems and architecture.

If you buy a home and suffer damages due to the condition of the structure, systems, or property, you may have some legal rights. Speak with an attorney before you contact the seller, builder, or home inspector.

Laws vary by state with regard to damages suffered after purchasing a home. The primary consideration is that it needs to be a material defect. Also, you have to prove that the seller, builder, or home inspector knew about the problem, but did not tell you when you bought the property.

Material defects are defined under the law as serious issues that affect the value, safety, and integrity of the property. Examples of material defects are:

With regards to home inspectors, your case needs to prove professional malpractice or negligence. For example, if you can prove that the inspector did not follow professional standards, you may have a case. This is a case of professional malpractice. Cases such as this is why it is so important to work with home inspectors who are certified and ASHI members. Otherwise, you have no way of proving that the inspector knowingly did not follow professional standards.

Negligence has a broader definition. Under the law, this is a failure to take steps that any reasonable inspector would take in a given situation. For example, not noting roof damage that any reasonable inspector would find and report.

Getting a second, or even third, opinion for a home inspection is incredibly valuable, even if you feel that the property is in good shape. Not only are you prepared for any legal proceedings, but you also have peace of mind.

Related Questions

Can I refuse a home inspection?

Yes. If you are selling your home, you have the right to refuse a home inspection. The downside is that it may be more difficult to find a buyer who is willing to purchase the property.

Can I use the home inspection report for negotiations?

Yes. Many home buyers list problems found by home inspectors as part of the negotiation process. You can make a lower offer based on the report. Another approach is to list contingencies in the contract that require the seller to make certain repairs.

If the home inspection identifies issues, should I buy the home?

It depends. The best recommendation is to involve a contractor before you buy the property. This way you know when the repairs need to be made and how much it will cost.

Is the home seller required to fix problems that are found during the home inspection?

No. Home sellers are not required to make repairs for problems outlined in a home inspection report. The purpose of a home inspection is to make you aware of any serious issues that affect the stability and safety of the home.

A home inspection is optional when you purchase a property, but it is a wise investment. Appraisers only determine the value of the property for the mortgage lender. Any material defects may or may not be reported. Home inspectors look at every aspect of the property, such as HVAC, electrical, plumbing, roof, foundation, and more.

You can use the findings in the report to decide if you want to purchase the home. Home inspections are also valuable for negotiations. Reduce your offer or include contingencies in the purchase contract.

If you decide to proceed with the purchase, show the report to a contractor. Learn how long you can wait to make the repairs, as well as the estimated cost.

You may have legal rights for damages caused by problems that were not documented in your home inspection report. Speak with an attorney. Successful cases prove professional malpractice or negligence and material defects.

Protect yourself. Work with a certified home inspector, keep good records, and get a second, or even third, opinion. The home inspector should be certified by ASHI and licensed in your locality, whether it is the state, county, or city.

When you speak with the home inspector about the findings, keep good notes, and ask questions. If you don’t understand something in the report, schedule a follow-up appointment. Have the inspector show you the problem, describe why the problem is concerning, and explain the recommended repairs.

If your home or property suffers damage after the purchase, it is best to speak with an attorney right away. The builder, seller, or home inspector may be liable. If you wait to take action, the other party may claim that the problem was not significant at the time of purchase or caused by your negligence.