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#435666 - 04/29/14 10:13 PM Home inspector missed items/E&O's
kw1985 Offline
Junior Member

Registered: 04/29/14
Posts: 1
Loc: Grass Lake, MI
We purchased our home and closed in January 2014. We had a home inspection done during the process that revealed a number of issues which were corrected prior to closing.

After closing we have noticed a number of items that are very concerning that our inspector missed: the major one being the center support beam between our floors has been cut and is allowing the entire house to begin sagging into the middle and down. A small crack in our upstairs living room at the ceiling and outside wall (we were told it was 'settling' and nothing to worry about has since turned into a gap that I can fit 4 fingers inside to second knuckle.

What are our options and anyone's recommendations? We are going on 5 months since closing, but we certainly would not have gone through with this house if we had known there were structural support issues.

If it makes a difference, the cut support beam is in view behind our furnace and was not covered up by drywall during the inspection.

Thanks for any and all help!

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#435668 - 04/30/14 12:07 AM Re: Home inspector missed items/E&O's [Re: kw1985]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7659
Loc: Vermont's North-East Kingdom
Did you use an Attorney for this Transaction.

If so, I'd consult with him/her regarding these issues; before selecting another one. S/he may be able to investigate anonymously to ascertain what this Inspector has for Coverage.

Many Inspectors have a Dis-Claimer in their Contracts attempting to limit their Liability to the cost of your Inspection; read your Contract. I don't know if the Courts have upheld that as a reasonable Limit.

Are the Sellers still in the area ?

Do you think they employed a Structural Engineer before cutting that support beam to create Open Space ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#435682 - 04/30/14 02:19 PM Re: Home inspector missed items/E&O's [Re: kw1985]
Inspectorjeff Offline
Member

Registered: 08/31/06
Posts: 80
Loc: Santa Clarita, CA
The first thing you should do is contact the inspector. As professionals, most of us are willing to take responsibility for our mistakes.

I would think your first priority would be to have any structural defect/deficiency repaired, and it may be much more simple than you think.
_________________________
If your inspector is not using thermal imaging, you're not getting the whole picture. �

Jeff Pope
JPI Home Inspection Service
Santa Clarita CA
(661) 212-0738
http://www.MyInspector.net

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#435986 - 05/13/14 11:14 AM Re: Home inspector missed items/E&O's [Re: kw1985]
Pikes Peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2799
Loc: FL
This applies to California, I don't know the requirements for MI. but they could be similar.(p.s., I don't see that a HI license is required for Michigan)

BUSINESS AND PROFESSIONS CODE - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.8] ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

(a) Nothing in this chapter shall be construed to allow home inspectors who are not registered engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering, or to exempt a home inspector from Chapter 3 (commencing with Section 5500), Chapter 7 (commencing with Section 6700), Chapter 9 (commencing with Section 7000), or Chapter 14 (commencing with Section 8500) of Division 3. (b) This chapter does not apply to a registered engineer, licensed land surveyor, or licensed architect acting pursuant to his or her professional registration or license, nor does it affect the obligations of a real estate licensee or transferor under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 3 of Division 2 of, or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3 of, the Civil Code.
(Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)

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#441097 - 11/24/14 01:47 PM Re: Home inspector missed items/E&O's [Re: kw1985]
Lakeshore Lad Offline
Member

Registered: 01/06/11
Posts: 31
Loc: Holland, MI, USA
From what I have learned, the liability is limited to the cost the inspection. Unfortunately, not all inspectors are qualified to do the work. Did the inspector have any credentials? If the inspector isn't willing to pony up some damage costs, maybe some pressure on him in his professional circle might help to make him come to his senses.

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