Legal Question in Real Estate Law in Maine

Home inspectors

I bought the house i am living in seven months ago. I did have the house inspected. Now...it turns out the furnace may be a code violation because the air intake valve is not connected--name removed--it. My pipes froze...upon going in the basement--name removed--try an unthaw them...I noticed a crack in the foundation, one corner crumbling and a huge section of mold. What recourse do i have? Thank you


Asked on 1/18/07, 7:59 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Home inspectors

This is a difficult area to navigate because it seems obvious that the inspector was negligent, but if you review your contract with him/her, likely there is considerable language limiting the scope of the inspection, and limiting your remedy in the event of his/her negligence to a refund of the inspection fee.

It is also possible that the violations were covered up by the Seller, in which case there may be a cause of action against him/her. On the other hand, if the defects were not actively covered up, but just not noticed during the inspection, then the Seller may not be liable.

Worth further review of the facts and contract language with a lawyer, but unfortunately it may not be a case worth pursuing on a cost-benefit analysis.

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Answered on 1/18/07, 8:31 am


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