Legal Question in Civil Litigation in Pennsylvania
home inspections
Prior to purchasing my home, I hired an ASHI Certified home inspector to inspect the home. The inspector said in his report that 40% of the basement could not be inspected b/c of paneling. Since moving in, I've removed the paneling behind which I discovered a severly bowed concrete block wall. After this discovery, I checked the wall from the outside. While the bowing was not evident, an obvious crack can be seen. I then put a level to the wall of the basement that was able to be inspected. It showed that the wall wasn't straight; although, not to the extent of the previously hidden wall. In addition, the living room floor (above the affected section) is noticeably slanted and was at the time of the inspection. Do I have a cause of action against the home inspector or against the seller? I bought the house w/ the understanding that the seller would not repair and damage; however, it was never disclosed although the cracks had been repaired.
2 Answers from Attorneys
Re: home inspections
Your case against the inspector is weak unless you can find an expert to say the inspector should have done more because of the visibly slanted floor. As to the Seller, you may have a case if you can prove an intentional effort to hide a latent defect. The panelling may have been for the pupose of hiding the wall. You should be prepared to spend time and money hiring an expert to sort out the issues. You must engage a lawyer to direct the investigation and bring the litigation if the evidence warrants
Re: home inspections
I agree with Murray Eckell, but wish to add a few comments myself. I can't help myself, as I'm a construction engineer as well as an attorney.
Most of the inspectors have contracts that limit their liability to the cost fo the inspection. I'd have to see the contract, and the inspection report to tell you how effective these disclaimers may be.
Murray is right that you would need an expert to make your case against the inspector. This will be a matter of degree. How much is the floor sloping, how obvious if the problem from the outside, are there other indications of problems you are currently unaware of, was the 'false wall' obvious. etc.???
Was there a disclosure signed by the homeowner? What does it say? If the home owner knew about the problem and signed a disclosure, you probably have a GOOD case against the homeowner for fraud, and consumer fraud.
Sorry, but if your damages are great enough, you need to get an attorney and an engineer involved, or drop this and live with it.
Good luck.
Kevin J. Begley, Esq.
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