Legal Question in Real Estate Law in Georgia

legal responsibility

new home purchased with 72 building code violations, can the county inspectors be held liable for negligence in their duty? all supposed permits are missing.


Asked on 2/01/06, 10:10 am

2 Answers from Attorneys

Jon Gottlieb Flynn & Gottlieb, P.A.

Re: legal responsibility

Holding any public official liable is difficult, but not impossible. The issues are: Does the inspector owe a duty to you? Did the inspector fulfill that duty? If not, what damages have you suffered? Are the damages directly related to the inspector's failure to fulfill his duty? You also have sovereign immunity issues too.

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Answered on 2/01/06, 10:16 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: legal responsibility

No. It is your responsibility to make sure your house is up to code, just as it was the builder's responsibility to build it to code. You may have a claim against the builder, but even that may be problematic if you had the opportunity to have the home inspected. This is one of many reasons to have a thorough inspection BEFORE purchasing a home, from an experienced, qualified home inspector. A home is generally purchased "as is," absent such things as latent defects that cannot be discovered by a reasonable inspection, or outright fraud by the seller (in which case the contract may state that you relied on no statements by the seller, thus defeating that claim). With what appears to be many expensive repairs, you are well served by consulting a local attorney experienced in this kind of case. He/she will review your contracts, any inspection reports, negotiations, etc.

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Answered on 2/01/06, 11:02 am


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