< Professional Liability

Home Inspectors

Home Inspectors are licensed professionals. They increasingly are becoming litigation targets for disgruntled home buyers unhappy with their purchases. The Professional Liability Practice Group at LGWM understands the nature of litigation against home inspectors. Our attorneys have been featured speakers at home inspection association meetings. Our team has defended dozens of home inspectors throughout Alabama and neighboring states. Our team is well versed in the national and local standards applicable to home inspectors. We have represented home inspectors in cases involving damage caused by termites, moisture intrusion, mold, synthetic stucco and structural and foundational issues. We defend these professionals vigorously, but in a cost-effective manner.

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CASES OF NOTE

Represented home inspector related to a $1 million home where homebuyers sued home inspector for negligence, breach of contract and fraud. We compelled arbitration of homebuyers’ claims and Arbitrator enforced limitation provision limiting home buyers recovery to inspection fee, despite home having serious flooding in basement, electrical and exterior cladding issues affecting the health and safety of occupants.
Represented home inspector related to a $1 million home where homebuyers sued home inspector for not identifying substantial moisture intrusion issues related to synthetic stucco (EIFS) installation to the exterior cladding. Resolved the case very reasonably after the EIFS claims were dismissed based on provision within the contract.
Represented home inspector related to a $500,000 home with significant structural issues. Judge limited plaintiffs’ recovery to inspection fee despite claims including fraud and wantonness.
Represented home inspector related to a $250,000 home with significant settlement issues due to the improper backfilling of soils prior to construction and roof addition to home. After substantial discovery, we convinced plaintiffs’ counsel to dismiss home inspector voluntarily and case proceeded against sellers of home and roofing contractor.
Represented home inspector related to a $250,000 home that had mold and mildew issues in a substantial portion of the home. We successfully had the case dismissed at summary judgment based on provisions in the contract.
Represented home inspector related to a $150,000 home that had substantial structural defects and a laundry list of other defects. We hired a home inspection expert who opined that home inspector met the standard of care for an Alabama Home inspector. We argued at summary judgment that Plaintiffs’ lack of expert testimony to rebut our expert warranted dismissal and the judge agreed.
Represented home inspector related to a $750,000 home that had substantial plumbing, electrical and laundry list of defects. We filed a motion for partial summary judgment asking the court to enforce the limitation provision in the contract. The Court granted our motion limiting Plaintiff’s recovery to $350. We settled the case for $3,500.
Represented home inspector related to a $350,000 home that had substantial termite damage to a load bearing wall. We filed motion for summary judgment based on contract language that termite inspection was excluded. After the court granted our motion, Plaintiffs’ Counsel voluntarily dismissed other claims against home inspector.
Represented home inspector in state court over allegations that he failed to identify Chinese drywall during a home inspection. We were able to convince Plaintiffs’ Counsel that provisions in contract excluded home inspector’s obligation to detect or inspection for Chinese drywall, and plaintiffs voluntarily dismissed their claims against home inspector.
Represented home inspector in arbitration over a $650,000 home that had significant exterior cladding moisture intrusion and settlement issues related to crawlspace. We were able to settle the matter for a reasonable amount after expert testimony limited the scope of home inspector’s inspection pursuant to Alabama law.