Question about home inspection/duties.

[elleng]

My daughter bought a house in NJ, inspected, sale closed + moved in November. Report showed no 'significant defects. Now, water entering basement, sand bags discovered.

I'm looking for info about legal obligations of NJ inspectors. Anyone know?

Thanks

[Rosa Luxemburg]

1. I think that you can sue them

but I am not familiar with NJ law

[elleng]

2. Looking for NJ law,

so daughter can be less anxious about having to pay for repairs herself.

Thanks

[mn9driver]

3. She should read the contract language very carefully.

Most home inspectors are affiliated with one of several national organizations that use similar language in their home inspection contracts. Usually there is a clause that protects the inspector from damages due to undetected defects.

Most home inspectors would go out of business if they were liable for things they didn't find, and they protect themselves with that fine print. That's why it's a good idea to select one with care. In many states (don't know about NJ), no training or certification of any kind is required to be a "home inspector".

[elleng]

4. Thanks. I've read that NJ does require training and certification,

and I found this, consistent with your early statement:

'Home buyers are generally precluded from asserting negligence claims against licensed home inspectors. However, home buyers are not left without any recourse. The Home Inspection Professional Licensing Act requires all licensed home inspectors to provide home buyers with a written pre-inspection agreement no later than one business day after the appointment for the home inspection is made, and the pre-inspection agreement shall be executed prior to the start of the home inspection. This pre-inspection agreement creates the contractual duty of a home inspector to competently inspect the property. As such, a home buyer is entitled to sue a home inspector for breach of contract and for any alleged damages arising from that contractual breach. There is, however, a time limitation for an action for an error or omission in the performance of a home inspection contract which is four years. New Jersey courts have also allowed a limitations period to be shortened by agreement between the parties, so long as such an agreement is reasonable.'

Their inspector was referred by their realtor, who was/is a 'friend.'

[JustAnotherGen]

5. She needs to look in her closing file

In her closing documents a very thick report with pictures and defects outlining in detail everything the inspector found wrong with the home and that needed to be addressed prior to closing. Before she makes a move - that needs to be gone over with a fine tooth comb.

We closed in October on a 100 year old historical home - so we had a very thick home inspection. I really felt our inspector was working to 'protect us' from making any bad decisions.

What's her read in hindsight on the service provided by the inspector?

[elleng]

6. I suspect, after this discovery

and an earlier one, she'd say the service was less than adequate. Have told her to look at contract with inspector.

I think they have an appointment with someone to look at what has to be done for/to the basement, and that will tell a lot about what if any steps to take vis a vis the inspector.

Thanks