What to do about missed damage during an insurance inspection which caused a lost sale of my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about missed damage during an insurance inspection which caused a lost sale of my home?
My house was damaged by flooding 7 months ago. I called my insurance company and they sent out adjusters tp inspect. I got a $2,000 check for minor exterior damages. The house was for sale at the time and 2 months ago we had a signed contract contingent on a home inspection. The home inspector found $10,000 worth of flood damage to the foundation of the house and the sale was lost because of this. I am now facing foreclosure since I have had the house on the market for so long. Do I have any legal recourse due to the missed damage during the earlier inspection?
Asked on February 7, 2012 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could try to sue the inspector and/or the insurer (his presumptive employer) for negligence in the discharge of their duties, if they missed that much damage. You could also try suing the insurer for breach of contract, if it was aware of the damage but refused to pay for it. You should consult with an attorney, bringing with you copies of all inspections, policies, relevant correspondence, etc. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.