Legal Question in Real Estate Law in Texas

personal injury question

Inspector did not find a hole on patio that was old water main. It was open and not covered. I found it after I closed. Does realtor or inspector have any responsibility? I broke leg in two places falling backwards etc. Just curious. My realtor set up inspection, I paid. What is inspectors responsibility?Hole was on cement next to wall by ac unit and water hookup. Obviously more, but long story short. Thanks for input.


Asked on 6/19/08, 12:00 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: personal injury question

Probably not. The inspection contracts pretty much shield inspector from liability. Additionally, other defenses would apply. It doesn't sound like the hole is a latent defect...just a hole, so seller and Realtor would use the "open and obvious hazard" defense. Plus, the duty to inspect is on the buyer, not the inspector.

Read more
Answered on 6/19/08, 8:41 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas