What is our recourse if the home Inspector did not catch that the HVAC was not working?
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What is our recourse if the home Inspector did not catch that the HVAC was not working?
We moved about 10 months ago and everything seemed to work okay. That was until I tried to turn on the AC and nothing happened. We need a new HVAC system and had to shell out 16k a month after moving in. I was so overwhelmed by everything else I just sucked it up and paid the price. However, in thinking about it should the home inspector done a better job of making sure the HVAC worked or was this on me to double check his work?
Asked on March 25, 2019 under Real Estate Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the home inspector for negligence, which is the failure to exercise due care (that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (monetary compensation you are seeking in your lawsuit) for negligence would include the foreseeable costs you incurred caused by the home inspector's negligence.
If you can prove that the seller knew and did not disclose that the HVAC did not work, you can sue the seller for fraud. You would file one lawsuit naming the inspector and seller as defendants.
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