Legal Question in Legal Ethics in Georgia

arbitration with home inspection company due to leaking roof

We hired a home inspector in march 2004 to inspect a 24 year old house that we were planning to buy.My husband noticed several water stains on the inside of the roof in the living and dining rooms and window frames [It is a cedar wood house].He showed the home inspector those stains and asked him whether there could be any potential leaks.The home inspector looked at it and said that everything in that house looks fine.Then we bought that house in june 2004 and moved in august 2004.In september ,we started noticing several leaks [all leaks were in the same places where my husband pointed out to the home inspector].We didn't know what to do. then we called the previous owner from whom we purchased the house.he bluntly said your home inspector only certified that everything is fine. so it is not my problem.Then we called the home inspector several times and finally he agreed to come and revisit the house.He came and said that he is not responsible for this issue as he need not get on the roof as part of the home inspection.This is costing several thousands for us to redo the roof as all the roofers said that already several patches have been done on that roof.Now that we started approaching the company for which this homeinspector


Asked on 5/03/05, 11:19 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: arbitration with home inspection company due to leaking roof

If you have a written contract with the inspector, you need to look at the terms. Most inspection agreements have disclaimers that preclude inspection of certain areas, e.g. roofs or places covered by furniture. The seller could potentially be liable for the damage if he failed to disclose a latent defect in the home.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 5/04/05, 9:49 am


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