Can You Sue An Inspector After A Report Filled With Errors Kills A Deal?

Dear Dave,
We have our home under contract and the buyers ordered a home inspection.  The home inspection report contains four substantial errors in the areas of heating, cooling, plumbing and sewer system.  The inspector misidentified a sprinkler valve as a sewer service cap and reported a possible "active sewer leak" in that area which is nowhere near the sewer line.  The inspector may have scared the buyers out of this purchase through these errors, time will tell.  I was surprised to find that home inspectors are not licensed through the state of Colorado which seems ridiculous considering one unlicensed man's opinion can derail a deal for the seller's agent, buyer’s agent, sellers and buyers.  Do inspectors typically buy Errors &Omissions insurance and what has your experience been with sellers suing the inspector after a report filled with errors  kills a deal?

Thanks,
Shawn,  Loma

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Shawn,

Ugh…I hate this for you!   I hate it when things like this happen to unsuspecting and undeserving people.  The picture you are painting here is certainly an ugly one, however a painting that I have seen far too often on varying levels.  First, I am sorry about your circumstances and I truly do feel for you and your family.  It is likely that your first question was “how is this possible?” and after that answer settled in, feelings of total frustration, disbelief and outrage!  Let me start by saying that inspectors are people too and mistakes are just part of being human!  That being said, it certainly does not excuse them or make them any more forgivable when the errors appear to be as egregious as these might have been.

Home inspectors are not licensed by the state and are not governed by the state or required to have any amount of standardized or required training.  Colorado is one of 20 states that has not adopted ANY licensing requirements.  I must admit that most of the local home inspectors do a great job, but I believe they often lose sight of what they are really doing and why they are really there.  Believe me, I feel your pain… I personally believe that where home inspectors get themselves in trouble is the same with all of us…… they speak before they stop and think something through.   Often times they provide an answer or draw a conclusion without really knowing and that is where big problems can start. 

There is a life lesson in this and that is that if you don’t know something, don’t say something that may or may not be true.  Explain that you don’t know, but will find out!  Sometimes you run across things that you don’t know or are not sure of, and instead of blurting out an answer, you should dig a little deeper to gain full understanding before speaking or drawing a conclusion. We all know that it’s hard to take back words or correct an incorrect report.  When it gets to that point, many times the damage has been done.  An even bigger issue involved here is trust!

Home buyers trust their home inspectors and trust is a very powerful thing!  When you said that the inspector may have scared the buyers off, unfortunately I am confident the home inspector is clueless about his unknown super power…. Trust.  Listen, when a home inspector says it, it MUST be true, at least in the eyes of the buyer.  Many times, especially in young home buyers, what an inspector says is treated like the gospel.  I believe most home inspectors do not have any idea how much home buyer’s trust what they say and when it is wrong, it can have cataclysmic consequences on a home purchase and everybody suffers.   

I do not believe most, if any, home inspectors carry E & O insurance and, in fact, I believe it is a common practice that the maximum amount of liability for most home inspection contracts is the price of the home inspection.  That means that if you paid $400 for the home inspection, the home inspector’s maximum liability would be $400! Lastly, I do not have any experience with sellers suing a home inspector for a faulty report, although I have had many who wanted to.    Unfortunately, sometimes mistakes are made and from time to time it can have a significant negative impact that can cause a deal to crumble.

Shawn, I am sorry about your situation and I am hopeful things will work out.  Remember, things really do work out for a reason, even if you don’t know the reason.  Control what you can control and trust that the rest is meant to be! : )  I know, easier said than done! 

Dave Kimbrough

The Kimbrough Team

Is Wallpaper Back in Style?

Dear Dave,

I’ve been looking into doing some redecorating on my house. It looks like the new up and coming trend is wallpaper. What do you think of wallpaper in a newer home? I’m not considering any of the patterns from the 70’s, but what do the people that you work with think of wallpaper? Is it easy enough for someone to remove if I go ahead and do it and then sell my house? I just want to be smart and not do something that will be a huge deterrent from my house when I decide to sell it.

Thank you – I really enjoy reading your answers each and every week!

Jaquie – Grand Junction, CO

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Jaquie,

Great question! You are right! Wallpaper is starting to make a comeback and is gaining quite a bit of traction in the housing market again. You know what they say, if you wait long enough it will come back and be popular again and I think that is where we are headed with wallpaper. At least to some extent. 

Keep in mind that wallpaper of any kind is a very personal touch to a home. The kind of wallpaper we are seeing gain in popularity is more on the textured side, not necessarily the pattern side. The old patterned wallpaper of the yesteryear will hopefully never make a comeback, however bringing in new textures can really be an awesome addition to any room or home. There are so many choices, but I have seen some wallpaper that look like different grasses and fabrics and they look incredible and really add a ton of value in making a texture statement instead of a color statement. If you want to see some really great wallpaper go to grahambrown.com, pintrest.com or houzz.com and prepare for the do-it-yourself urge. 

“Buyers are very open to wallpaper that makes a textural statement, as long as it is tastefully done. ”

Buyers are very open to wallpaper that makes a textural statement, as long as it is tastefully done. Remember, sometimes less is better so wallpaper on an accent wall or in a powder bath etc. can be plenty of statement and all that is needed to make the impact you are trying to achieve. I think some of the new wallpaper can make a positive impact on potential buyers if done correctly, but also remember keep it neutral in color and subtle in style. 

Removal can be tricky. Regardless of if it is patterned or textured, it can be difficult to remove so keeping it on the accent side of things will make it easier to remove if there is not as much of it. If potential buyers want to take it down, they can always do so after they purchase or request the seller do so prior to close. Let this be said, NOBODY likes to remove wallpaper, thus the reason wallpaper is a riskier proposition to paint! Consider your wallpaper installation carefully and thoughtfully and my bet is you come up with something gorgeous and people are going to love it. I say go for it and see if you can make your home sizzle with some new wall fashion!

Dave Kimbrough
The Kimbrough Team

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