Legal Question in Civil Litigation in New York
Suing A Residential Building Inspector
I contacted the inspector by letter and sent him pictures of the mold and water damage to the family room and downstairs bathroom of the house we bought August 4, 2005. He said he took responsibility and said that he should have seen the mold but there was storage in the way of some of the areas he inspected. He offered $1,000. I declined the offer. It will take over $10,000 to find the problem, repair it and refinish the basement. We had to tear down the walls already because of the horrible mold and musty smell. He came by today to see the mold for himself. I got him to think about offering $1500 but he isn't sure if he wants to because he said his insurance will only pay$1,000. Should I take my chances since I have pictures and contractor's estimates for repairing my basement and take him to small claims court or should I take $1500 if he is still offering it? I do not have money to pay for a litigation attorney who will charge me $200.00 an hour. I would never have bought this house with this problem. We counted on him and his word and bought this house on his say so. Please help me make a decision.
Thank you.
2 Answers from Attorneys
Re: Suing A Residential Building Inspector
The building inspector also must 'post a bond'. That will increase the amount that you can collect.
The clause limiting liability may not be upheld by the courts.
Good luck.
Re: Suing A Residential Building Inspector
Read your agreement. Inspectors usually have a clause that limits their liability to the cost of the inspection.
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