Is it possible to be reimbursed home inspection fees if the seller lied on the disclosure?

UPDATED: Oct 1, 2022

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Is it possible to be reimbursed home inspection fees if the seller lied on the disclosure?

During the process of trying to buy a home,the seller lied on the Disclosure stating that the roof was new and had a two year warranty. We paid for a few different types of inspections, full house,termites,radon and mold tests. These together totaled over 1100.00.Once the tests were all complete we decided not to purchase the home because there were just too many repairs to be made and we walked away from it. Now just a couple of weeks later the house is back on the market and the realtor has written that the inspections have been done, all the repairs have been completed and a new roof will be installed in the coming weeks. This after we were told it was new. Can we get the cost of inspections back being that we probably wouldn’t have had them done had we been told the truth about the roof? Thank you I appreciate your feedback.

Asked on January 28, 2019 under Real Estate Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can potentially recover the costs, since they were incurred due to the fraud, or material misrepresenation (essentially, a lie about something important) of the seller. Fraud provides a basis for receiving compensation if you can show that you only incurred the cost due to the fraud. You'd have to sue the seller and establish the fraud in court to recover your money, if he will not voluntarily pay you.

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