Legal Question in Real Estate Law in Missouri
Disclosure/Inspector Question
My wife and I bought our home in St. Louis in NOV04. We lived in KC at the time, she was pregnant and I was the only one working - I moved for work.
We had the building inspection set up by our realtor. My father-in-law attended the inspection; I did not because of work.
There were two cracks on the outside of my house were found during the inspection in our house. The inspector said that they were not foundation problems, and the building inspection says that no foundation problems were seen, although not all places were viewable (finished basement).
Recently, we had problems with windows closing. I've had numerous foundation crews come look and they all say the same thing - about $7k in foundation work. And that's not salesmanship - I have foundation problems.
So here is my question: Do I have a leg to stand on legally with the building inspector? All of the crews have said that a building inspector should not have missed the indicators - even with a finished basement. If I do have a valid legal case, who can I involve, and what can I hope to see in terms of reimbursement if any?
Appreciate any help you can give.
1 Answer from Attorneys
Re: Disclosure/Inspector Question
You may have a claim against the building inspector for his negligent mischaracterization of the degree of severity of the cracks in the foundation. Your measure of damages is the cost of cure of the defect or the difference in the fair market value of your home without the defect and the value with the defect, whichever is greater. Please contact me for a no charge intial consultation if you would like to pursue this matter.