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Home inspector killed my deal

Q. We spent a year and many thousands of dollars fixing up our home. Then we put it on the market and found a couple who wanted to buy it. They were all enthusiastic until their home inspector blew up the deal with a report that was full of misinformation. He reported electrical problems that our electrician said were absolutely wrong. He found some old water stains under the bathroom sink and said they were mold. That was the thing that really upset the buyers and caused them to cancel the deal. Since then we hired a mold inspector, and the lab found no traces of mold. So basically, the home inspector killed our deal and now we have to market our home all over again. To make things worse, the disclosure laws in our state require us to show the faulty inspection report to future buyers. We called the inspector and asked him to amend his report, but he refused to do so because we were not the ones who hired him. It seems to us that he should be liable for damages. What do you think about what he did, and should we take him to court?

A. Every profession has its rotten apples. Hence, there are bound to be some home inspectors who do not know what they are doing, whose lack of competence causes problems in people's lives, and who, in some cases, may not have the integrity even to care. Fortunately, most home inspectors are far more professional and competent than this, but that fact provides little or no solace in your present situation.

The home inspector should have taken some responsibility for his errors, especially in view of the clear mold report from the testing lab. At the very least, he could have provided an amended report as an expression of professional concern and goodwill. His unwillingness to do that much will certainly not contribute to his business reputation in the community.

In spite of what he has done, filing a lawsuit would be an exercise in futility. Your actual damages would be difficult to quantify and are probably not sufficient to warrant tens of thousands of dollars in legal costs and a few years of intense aggravation. The only winners would be the attorneys.

For the sake of future buyers and sellers, you can posts comments on Yelp and Angie's List regarding the performance of the home inspector. Otherwise, the best thing to do now is to move forward without looking back. Get your home on the market and find another buyer. If the previous buyers were excited about your house, someone else will like it just as much. As for disclosing the faulty inspection report, go ahead and show it to future buyers, along with the clear mold report. And just to offset any uncertainties that may result from the bad report, you should hire a home inspector of your own for a more reliable set of findings. When you do this be sure to find an inspector with years of experience and a reputation for thoroughness.

• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

© 2015, Action Coast Publishing

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