The Home Inspector Missed a Major Issue: Now What?

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Home Inspection Problems That May Not Be Found

Do you know what happens when a home inspector misses a major issue? Are there common problems that may not be uncovered?

How long is a home inspector liable for missing significant problems?

Shortly you will have answers to all your questions and more.

For obvious reasons, having a home inspected before you buy it is standard procedure.

You want to know that that house you are spending all this money on is in good repair and that you aren’t moving into any significant surprises.

Unfortunately, even with the home inspection, some issues may not be noticed before the money exchanges hands.

Even the best home inspector can only identify so many issues in the short time they are in the property – meaning you may still find some problems later.

The last thing you want is to find home inspection issues that the inspector missed!

Remember that this does not necessarily mean that the home inspector didn’t do their job.

An experienced home inspector has gone through numerous homes to identify problems.

Even the newest inspectors have undergone lots of training to identify everything on their home inspection checklist. However, households are composed of multiple systems where even one broken or damaged component can cause problems.

This is why there are specialists in many areas concerning homes – roofing, plumbing, electrical, foundations, and more.

What is a Professional Home Inspector?

A home inspector is an expert who undertakes the role of inspecting a property. It could be a pre-sale inspection for those selling the house or potential buyers.

Inspections ensure everything is within its proper working order before closing the deal. A home inspection is one of the best ways to ensure you know your purchase.

The best home inspectors are thorough in their quest to discover any potential problems. Inspectors investigate the property inside and out to find potential issues.

The property’s structure, mechanical performance, and safety features must be considered.

Once the inspection is complete, an inspector will transfer their findings into an inspection report. Inspection reports outline problems both large and small. Many inspectors will redline the most significant issues that need immediate attention.

The home inspector will do their best to identify problems and notify you of them. Just don’t be surprised if something pops up later on when you are living in the house.

The cost of a home inspection is well worth the money, considering all the potential problems that could be discovered.

You May Want to Consider Home Inspector Certified by ASHI

When hiring a home inspector, one consideration would be getting someone certified by The American Society of Home Inspectors or ASHI for short.

An ASHI-certified inspector goes through many additional hours of training to attain their certification. The ASHI Standards of Practice and Code of Ethics serve as a guideline for home inspectors on their performance. They are universally recognized and accepted by many professional and governmental bodies.

This is much like a real estate agent and a Realtor being two different things based on subscribing to the code of ethics. A Realtor is required to follow the code of ethics.

ASHI home inspectors work their way to ASHI-certified status by meeting rigorous requirements, including passing a comprehensive, written technical exam and performing a minimum of 250 professional home inspections conducted by the ASHI standards of practice and code of ethics.

ASHI inspectors must also take mandatory continuing education classes that help them stay updated with the latest technology, materials, and professional skills.

While having a certified ASHI inspector will not guarantee that home inspection problems are not missed, it could help.

How Long is a Home Inspector Liable For Missing Major Problems?

Many new homeowners ask how long a home inspector is liable for missing issues in an inspection. Every state has rules on how long you must file a claim, from when an undesirable circumstance should have been evident to initiating litigation.

Most statute limitations are between two and ten years, but this will depend on where you are and your type of claim.

The courts don’t want you dragging inspectors or sellers into court 20 years after the sale when nobody recalls what happened.Click To Tweet

What Are Home Inspector Liabilities?

Many people ask if they can sue a home inspector. Yes, they can! Home inspectors have liabilities like the rest of us. A home inspector who missed problems can be on the hook for their transgressions.

Home inspectors could be held liable if they missed something blatantly obvious. A home inspector’s liability is typically defined in the contract they provide consumers. They may be financially responsible for fixing the problem.

When you discover something significant a home inspector has missed, contacting a real estate attorney is advisable.

A real estate litigation attorney can advise whether you can make a claim. It is possible you could have a lawsuit against the inspection company or their insurance provider.

When a claim is denied, you will still have the option of filing a lawsuit. While every circumstance will be different, it is possible you could have a legal claim based on negligence, breach of contract, professional malpractice, or fraud.

Let’s look at some of the more common home inspection issues that may not be found.

Can The Seller Be Sued Instead of The Home Inspector?

Disclosure requirements are different from state to state. In some locations, a seller may need to disclose potential problems. In other states, that is not the case.

For example, where I live in Massachusetts, sellers are not required to disclose issues. It is a Caveat Emptor state. It is essential to understand the seller’s disclosure requirements for your state.

A real estate agent must disclose problems they know about.

Common Problems Missed in a Home Inspection By Inspectors

Failing Heating or Air Conditioning Equipment

HVAC equipment is a lot like your favorite automobile. It may keep running strong for decades or stop working tomorrow.

Sometimes, the only way to detect future problems is to thoroughly examine the equipment – something the home inspector is not qualified to do in most instances.

The inspector will ensure the HVAC system is functional during their visit, but that does not mean everything will keep working after you move in.

If you are buying a home with an older unit, be prepared for potential problems, especially if the current owner has not kept the maintenance up to snuff.

A Cracked Heat Exchanger

There are a few circumstances where it could be worth the cost of bringing in an HVAC specialist for the inspection along with the home inspector.

If the home has a heat exchanger unit that is ten years or older, it is probably time to have it inspected. A cracked heat exchanger can lead combustion byproducts – like carbon monoxide – to mix with the indoor air.

A deadly gas is not something you want in your home. I remember a terrible situation in Holliston, Massachusetts, a few years back. The owner was almost killed because the heating system created a very unsafe situation where carbon monoxide was released into the home.

Some inspectors have specialized equipment that can check for such leaks. Unfortunately, it is common for most inspectors not to have this safety device.

A seller not wanting to fix a damaged heating system could cause a buyer to back out, so discovery becomes essential.

Damaged or Blocked Sewer Lines

Home inspectors know to check for a functional water and drainage system, but this does not mean they can detect partial blockages or pipe damage.

They can determine the home’s age and type of pipe system and advise on potential issues caused by tree roots, but it often takes special equipment to detect the specific problems.

After living in the house for a little while, you may discover problems with the pipes that the inspector could not identify earlier.

Electrical Issues

The inspector is paid to come into the home and identify any apparent problems quickly – primarily through visual inspection.

This keeps the review affordable for the seller or buyer and is often enough to detect common problems.

However, electrical issues can require much more investigation than the inspector has time for – even if they are qualified to do electrical work.

The inspector can tell you if there are noticeable electrical problems, like an outlet without grounding or identifying double-tapped breakers.

They may not be able to determine the malfunction of another component in the home, however, if it is due to an electrical issue.

To get a correct understanding of what is wrong with the more technical parts of an electrical system, you will usually need the help of an electrician.

Internal Chimney Issues

A qualified home inspector will look over the fireplace from the exterior to the interior. On the outside, they will look for structural cracking and deterioration of the bricks, along with whether mortar joints need re-pointing, among other things.

On the inside, the inspector will visually look up the chimney to check for issues, including whether there is unsafe soot buildup. They will also be looking for any internal damage.

This is where things can get tricky, and a problem could easily be missed. To ensure there are no chimney issues, you need to get what is referred to as a level two inspection.

Specialists perform level two inspections. Most often, a standard home inspection will not include this expertise.

Additionally, level two checks are required when changes are made to the heating system. This could include fuel type changes, like oil to gas.

You would also want a level two inspection if there were a house fire, chimney fire, or seismic event where the chimney could have become damaged.

No mandatory fixes after a home inspection exist, but you should address this.

Structural Problems

The home inspector will include the roof in their inspection and will know how to tell if the irregularities in the roof are acceptable or indicative of a more significant issue.

The vast majority of all home inspectors will be qualified about the signs a roof needs replacement. This is an area where calling in a roofer is usually not necessary.

They also examine the home’s foundation for any significant cracks or issues you should know about.

If the home has significant issues, the inspector may not know how to diagnose the problem accurately or how to measure the cost of repairs.

When the inspector identifies the problem as structural, a structural engineer will most likely need to be called in to evaluate the situation.

Roof and foundation issues – and structural problems in general – can be some of the most challenging and expensive problems to fix in a home.

If you already know that the house has these problems, it is best to bring in a contractor specializing in roofing or foundations to give you an accurate measure of the damage and the cost of repairs.

Bringing in specialized contractors should be done as part of the due diligence process.

Leaks Into The Home

Water incursions can cause all sorts of issues with a home, including mold infestations and structural degradation. This is why it is so important to have a home that is well-sealed against the elements and that effectively redirects water away from the house.

Your inspector will look for any evidence of water damage and leaks in the home. The only problem is it takes water to make the leaks show up in the first place.

If the inspector looks at the house after it has gone unoccupied for a while or after a dry season, they might not notice leaks. It will only be later on after you have occupied the house and experienced precipitation in your area, that the water penetration makes itself known.

Perpetual Ice Dam Problems

Ice dams are complicated to identify when you are not in the winter home selling season. It is certainly possible that before a home inspection, the owner of the home could conceal previous water damage without the inspector identifying it.

The most recognizable damage that occurs from ice dams is a water stain. Ice dam issues could easily be cleaned up by the owner either by bleaching out the stain or painting an entire ceiling.

If the ice dam is located in an area where the inspector cannot see behind the wall, it is a home inspection issue that could easily be missed.

Septic System Problems

In some states, such as Massachusetts, it is a requirement to have your septic system inspected to get a mortgage. This inspection process is known as getting a Title V.

The problem with a septic inspection is that it is only good on the day it is done.

In other words, there is no guarantee that from the time the evaluation is performed to a few months later, when a new owner has purchased the property, it won’t fail.

This is the unfortunate part of owning a home serviced by a septic system. It is the very reason many homeowners prefer having public sewer.

You can do some things to increase the odds of not facing this problem, including thoroughly reviewing the eighteen-page Title 5 report.

It would help if you were looking for whether or not the current owner has been maintaining the system properly. For example, a septic system should be pumped out every two to three years, depending on the number of people in the home.

The greater use of the system, the sooner a septic system should be pumped.

Final Thoughts on Home Inspector’s Missing Problems

These are some of the most common inspection items the inspector may miss during your inspection. Keep in mind nobody is perfect. The home inspector will not intentionally miss home inspection problems.

Like any other business, however, you should keep in the back of your mind there are good and bad inspectors. Getting this part of your real estate transaction right is critical.

The last thing you want is to move into a house of horrors. If your real estate agent is worth their salt, they should be able to provide you with a few names of well-respected inspectors.

Only take suggestions from a Realtor if they work for you as a buyers agent! You do not want to get stuck with a home inspector hand-picked by an agent working for the seller, as they could pick the inspector with a reputation for glossing over crucial things.

When I work with a buyer, they receive the names of several home inspectors who do an excellent job. The customer can then call these inspectors and choose the best fit for their needs, budget, etc.

A real estate agent should not give out the name of one hand-picked home inspector. We live in a sue happy society, so guess what happens when you recommend someone, and they miss something.

You are correct if you have raised your hand and thought the real estate could be sued!

Additional Home Inspection Resources

What is the best way to negotiate home inspection problems to keep a sale together via Maximum Real Estate Exposure.
Is a home inspector liable if he misses significant defects discovered later on by a homeowner via NOLO Law For All?

Use these additional resources to help understand the home inspection process and ensure you come away with a property you will be proud to call home for years to come!

The above Real Estate information on the home inspector missed a significant issue, now what was provided by Bill Gassett; a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-625-0191. Bill has helped people move in and out of many Metrowest towns for the last 37+ Years.

Are you thinking of selling your home? I am passionate about real estate and love sharing my marketing expertise!

I service Real Estate sales in the following Metrowest MA towns: Ashland, Bellingham, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northborough, Northbridge, Shrewsbury, Southborough, Sutton, Wayland, Westborough, Whitinsville, Worcester, Upton and Uxbridge MA.