Legal Question in Real Estate Law in Georgia

Problems not found by Home Inspector/not listed on disclosure/verbal agreement

I bought a home in 9/2005. Several weeks after moving in I discovered I bought a money pit. The hot tub didn't work,problems w/ H/A unit,leaking pipe that caused water damage, dishwasher didn't work properly, major electrical problems..... None of these information was disclosed by the Seller. I had a professional home inspection done and these problems were not found at that time. I also had a verbal agreement with seller to do some painting and put screens on the windows. Do verbal agreements hold up in court? Do I have any legal recourse against the ''Professional'' home Inspector that found no problems?(Electricians have looked recently and claimed this problem would be hard not to miss!)And what about the Seller not disclosing problems with the dishwasher and hot tub? Our contradt said ''Property sold with right to request repairs'', we had 7 days to request after the inspectors findings. But he didn't find what a professional would have. Do I have a case?


Asked on 11/15/06, 1:33 pm

1 Answer from Attorneys
Jon Gottlieb Flynn & Gottlieb, P.A.

Re: Problems not found by Home Inspector/not listed on disclosure/verbal agreement

Yes, you may have a claim against your inspector. As for the seller, unless the seller actively covered up the problems or if the problems were non-discoverable exercising reasonable diligence, you probably do not have a claim against the seller. Technically, a seller's disclosure means little under the law. It is still the buyer's responsibility to thoroughly inspect the home.

If the inspector missed things he should have caught, you may have a claim against him. Does your agreement with your inspector have a waiver?

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Answered on 11/15/06, 2:35 pm


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