Legal Question in Real Estate Law in California

Re: House inspection

The problems you face are two-fold. First, the Statute of Limitations has probably expired and may bar any claim you have against them (assuming that they are still in business). In the course of eight years, it is not unreasonable to believe that the average person would have already discovered the fact that their waterheater is incorrectly installed, and therefore made a claim against either the seller or the inspector long ago. That, however, is a question of fact a judge will have to decide. In small claims court the judges decide cases more on the principles of equity than strict adherance to the law, so you might prevail. Second problem you face is that if the cost to fix this problem quoted above involves replacing the waterheater, your damages aren't going to include the cost of the new waterheater. The measure of your damages for the inspector failing to identify that the waterheater was improperly installed is the cost to retrofit the existing waterheater so that it is installed to code. I'm assuming that this involves strapping/bracing the heater, rerouting exhaust vents and/or overflow lines (aside from that, I'm not aware of how else you can mess up a waterheater installation unless it is an on-demand system). Deduct from the $1,000 the actual cost of the waterheater (if it includes that amount) and that is more correctly your measure of damages. If not, and it will cost $1,000 just to retrofit the installation, then you are correct and the inspector really messed up! Good luck - there is really nothing to stop you from pursuing this in small claims court - the inspection company cannot recover its attorneys fees even if you lose.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.