Legal Question in Real Estate Law in Georgia

A home inspector does an inspection on a vacant forclosure for a buyer that has a contract on the house. The house has been "winterized" by the bank. Winterized meaning all the water lines have been professional drained by a plumbing company with a special suction device and antifreeze put in certain drains. There are signs posted in the house that the house has been winterized. The home inspectior does not realize that they used special equipment to suction the water lines. He turns the water on to do the inspection and after he completes the inspection, he drains the water lines and turns the water back off. He later learns that this winterization that was done involved more than just draining the lines. If the pipes froze is he liable to have them repaired by a plumber and to pay for a rewinterization of the house?

Asked on 12/16/10, 6:43 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

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Depends on a variety of factors. Hire a commercial litigator IMMEDIATELY to discuss the specifics of your case. Best of luck.

Answered on 12/21/10, 7:03 am

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Scott Riddle Law Office of Scott B. Riddle, LLC

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Who owns the house? Who is making the claim? Who contracted with the inspector? What does the contract say? Has there been a sale and closing? Was the damage done before or after the sale? Did a buyer purchase the property "as is?" What does the Purchase and Sale Agreement and the other closing documents state? Is the buyer making a claim for damage to someone else's property? Can the bank make a claim against the buyer for the damage, as it was the buyer's agent who caused the damage? That is a few of the questions necessary to answer your question. How much is it worth?

Answered on 12/21/10, 7:20 am

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