Legal Question in Real Estate Law in Maryland

Re: Seeking Attorney, Sue Home Inspector / Seller

Without your specifying the nature of the damage you discovered, it is difficult to evaluate the likelihood of recovery. As a general rule, damage that was discoverable by you prior to transfer of title or through your inspection cannot be the basis of a claim against the sellers. Other damage not disclosed could be the basis for a claim if it can be established that the sellers knew or should have been aware of such damage at the time of sale. This is known as a latent defect. You will need an expert to establish that, given the time interval.

As for a claim against the inspector, I have successfully prosecuted such a claim, but inspection reports contain a lot of exculpatory language designed to protect them against such claims. It must be something that they should have been able to detect as a routine part of their inspection. You should familiarize yourself with the "fine print" in the inspector's report to see how they attempt to limit their exposure. That is not to say that they aren't or can't be held responsible if they ignored signs of damage and failed to report same to you. Many inspectors carry "errors and omissions" insurance against such claims.