Can you sue a home inspector for false information?

Yes, an individual can sue a home inspector for false information. If the home inspector works independently, they may be sued directly. If they are employed by a company, the company may be sued. The legal action taken will usually be based on the contract between the client and the inspector.

Is a seller responsible for a misrepresentation made by their broker?

Home sellers can be liable for the misrepresentations of their real estate agents if they are sued by buyers, according to a recent state court decision.

Can you sue a real estate agent for misrepresentation?

Suing Real Estate Agent for Misrepresentation Where You Need a Lawyer: Zip Code or City: (This may not be the same place you live) Choose a Legal Category: Family Law Real Estate and Property Law Criminal Law Personal Injury Employment

What was the lawsuit against the seller for?

Winesett sued the seller, seller’s agent, her own agent and the real estate brokerages for $75,000 for repairs plus $350,000 in punitive damages. She sued the seller for fraud and the realtors for violation of the Real Estate Broker’s Act (“REBA”).

When does a seller misrepresent a property to a buyer?

If a party to a contract deliberately misrepresented facts relating to the property with the intention of misleading the buyer, a fraudulent misrepresentation can arise. Often, such a representation does not need to be in writing. > Do I have to declare planning applications, like a neighbour’s extension?

How to sue a real estate agent for failing to disclose a defect?

When a client sues a real estate agent for failing to disclose a property defect, they have to prove the agent knew or should have known about the defect and failed to disclose it. Be sure to perform a thorough inspection of the property, and have your clients sign a statement that documents their awareness of any issues.

When to sue a real estate broker for misrepresentation?

Of the many legal issues facing real estate brokers, lawsuits for misrepresentation are by far the biggest. So how do you know if your real estate broker has made misrepresentations, and when can you sue because of them? Legally, a misrepresentation is when a real estate broker misstates some material feature of the property.

What do you mean by misrepresentation in real estate?

What is Misrepresentation in Real Estate? A misrepresentation claim is when a broker actively or unintentionally lies to a buyer about a property. The aim of which is to pressure the buyer to make the purchase. Similar to failure to disclose claims where a listing broker leaves out an important detail about a property.

What happens if you sue a seller for failure to disclose?

If you do end up suing the seller, you could seek monetary damages for the seller’s failure to disclose information or misrepresentation of the property. The amount you sue for can include damages for the difference between the amount that the buyer paid and the fair market value of the property at the time of the sale, Zuetel says.

If your inspector was negligent and should have found these defects you can bring suit. Problem is that most home inspection reports by their terms limit their liability to $1,000.00. They also generally suggest that you bring in experts to consult on many issues they find such as possible roof problems or electric problems.

Who is liable for unexpected home defects on my house?

In theory, the inspector should have spotted problems that the seller wasn’t aware of. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector may be liable. Read over your inspection report to see what it said about the area in question.

Can a seller be liable for a home inspection?

Hopefully, you got a home inspection before buying. In theory, the inspector should have spotted problems that the seller wasn’t aware of. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector may be liable. Read over your inspection report to see what it said about the area in question.

What should I do if my house fails an inspection?

You can ask your inspector if the home passes or fails the inspection, but it is not their job to make that call. Even new construction has defects, and the inspector is there to explain the report so you can make your own decision on the house. Even if a licensed inspector says to buy the house or cancel the sale, the decision is yours alone.

Can a seller sue a home inspection company?

The home inspector should not be held responsible for future home failures or repairs. By accepting the report, you agree not to indemnify or condemn the inspector or their company. You must keep the report private, and hold the company harmless if the seller or a third party brings a claim against the company.

Can a buyer Sue a builder for defects?

If you purchased a newly constructed home, you may have legal claims for defects against the home builder. If you purchased an existing home, different states have different rules and regulations governing suits against sellers for undisclosed, known defects.

Can you sue an inspector for professional malpractice?

For example, you might have a claim for negligence or professional malpractice, if the inspector deviated from the professional standard of care in the course of the inspection. Negligence is generally defined as the failure to act as a reasonable person in the same shoes would have acted, where damages result from the behavior.