Is inspector liable for not catching foundation issues?

UPDATED: Sep 30, 2022

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Is inspector liable for not catching foundation issues?

I bought a home 11 months ago. We noticed a crack in one of the bedroom walls at inspection and the inspector stated it was normal for older homes to have cracks due to settling. Then, 6 months later, we began having major issues like doors jamming, base boards separating from the wall and large horizontal cracks appearing. A structural engineer came out and informed us there was $13,000 worth of foundation repair needed. Is the inspector responsible for not catching this? Shouldn’t walls have been measured to ensure the floor was level throughout the

home since this would have caught the discrepancy?

Asked on November 7, 2016 under Real Estate Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The home inspector is liable for negligence.  Negligence is the failure to exercise due care which is that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm.
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs.

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 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.

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