home inspector

Forry Law Group: Real Estate and Civil AttorneysQ:        I purchased a home that has a pool and the seller’s agent informed me that there did not appear to be any visual defects, and my own agent told me that he was not aware of any problems with the pool that I should insist on being repaired before the close of escrow, even though the pool was only half full of very dirty water and it did not appear to have the filter equipment operating for some time.  I did not insist on filling the pool up or checking its operation and after I purchased the house, I learned that the overflow pipe discharged onto the slope below my house that is off my property, and the city has required me to install a sump pump overflow system at significant cost.  Do I have any rights against the seller’s agent or my own agent? Continue reading

A Broker Can Obtain Equitable Indemnity From a Home Inspector For Failure to Disclose Defects in a Report Prepared for a Prior Purchaser

Q: I am a broker who has been sued by a buyer I represented in the purchase of a residence that the buyer contends has defects that were not disclosed to him before the sale was completed. I believe that I performed a sufficient visual inspection and I was not aware of any of the defects the buyer is claiming. Also, a prior prospective purchaser had retained a licensed home inspector and I provided a copy of the inspector’s report, that did not disclose any of the defects that the buyer is now claiming, to the buyer that is suing me. Can I bring a claim against the home inspector for equitable indemnity even though the inspector was not retained by the buyer who is suing me? Continue reading

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