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denise_tutor

Buyer backed out of deal because of bad information from inspector.

5 years ago
last modified: 5 years ago

I just lost a buyer because the home inspector said the following in his report.

" Previous repairs to the foundation have been disclosed and/or were detected. Ask the seller for any documentation and possible warranties for further information. I recommend asking warranting foundation company to evaluate foundation for damage from storm flooding. I recommend asking if warranty is transferable after a natural disaster. :"

First of all, there are no undisclosed repairs, there were no repairs done to the foundation. Ever. None. The house did not flood during Harvey or any other time for that matter. I have it in writing from the buyers agent that the buyers backed out because they were furious we did not disclose this and now question what else we have not disclosed. I contacted the inspector via phone and he told me that he said he based his observation on the fact that there were cracks and a misaligned door. He never mentioned piers or anything like that. I may not be an expert but I am a homeowner myself and know that those are indications that there is a foundation problem not evidence of a repair being made. Furthermore, later on in the report, it states that the inspector found the cracks to be from normal settlement.

In addition to this he also stated upon hearing a "hollow" sound in the new laminate living room floor that. " There was a also a hollow sound in flooring in the middle of the living room. This area probably took on water in the flooding from Harvey ." Do you know how devastating that is for a buyer to read. It made this sellers heart sink as well. The house did not flood during Harvey and it is marketed as such. This calls into question not only my integrity but that of my agent. This report will have to be disclosed to any new potential buyers and it will be just as devastating.

Last and yes, least. The home has a built in spa in the mater bathroom. A real spa, like you have outside but built in and tiled. Not a jacuzzi tub. I call it 1980's Hugh Hefner chic. Anyway, the inspector also said this did not work because it did not drain. As it turns out from our phone conversation, he was turning the only button inside, which was the control for the jets. The spa drains outside just like any other real spa. When I told him that he said "Oh" and then asked me if the pump worked. Of course the pump works, I spent two thousand dollars last month to replace every single component in the spa so it was all brand new and in tip top shape.

So basically what I am asking, because the buyers have lost all trust in us and are firmly not buying now, what can I do? What recourse do I have against this inspector? I can't have a report saying a house has flood damage when it didn't flood. I also can't have a report saying foundation work was done when there wasn't and there isnt any damage. I am having, at my expense, another inspector come in this week. The original inspector will not return my follow up call and I do realize as the seller he is not obligated to do anything like that for me as his contract was not with me. Any advice will be greatly appreciated.

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