What are my rights if a home inspector failed to find a problem with my roof?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if a home inspector failed to find a problem with my roof?

I recently purchased home. In the inspection report, the prior homeowners stated there was a leak in the roof that was repaired last year. The day after I moved in there was a large leak from the same area. When we asked them who the company was that fixed the roof originally, they proceeded to confirm there was an additional leak 6 months ago which was not documented in the inspection report. Also, when our home inspector checked the roof as part of the paid inspection, he said it was in good repair with the exception of some flashing on the tile roof. That was repaired and the inspector performed a reinspection and stated it was fixed properly and removed the problem from the documented list. However, 4 professional roofers have said that it was improperly done.

Asked on October 8, 2015 under Real Estate Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A real estate home inspector is liable for any problems they miss major or minor. A buyer can typically look to the inspector for full reimbursement, including any damages that they suffered as a result of their negligence. Additionally, errors and omissions insurance policies are available for home inspectors. A buyer can ask an inspector if they have such a policy.
That having been said, a home inspector can insert a clause in their contract that limits their liability to the cost of the inspection. Accordingly, if they miss a problem, the most they are liable for is the return of their fee.
At this point, you should consult directly with a real estate attorney in your area. They can best advise you of your rights and remedies in this situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption