Buyer Beware of Home Inspector Chosen by Agent

By Barry Stone

Dear Barry,
When I bought my house, my agent scheduled the home inspection. I trusted her to choose a good inspector for me, someone who would protect my interests. But many defects were not disclosed in the inspector's report. Worst of all, the whirlpool bathtub was never tested. The first time I ran the tub, brown, smelly gook came out of the jets, and leaking connections beneath the tub caused ceiling damage downstairs. My insurance will pay to fix the ceiling, but I've got to pay for the costly plumbing repairs. The home inspector has now informed me that he doesn't test whirlpool tubs, and the agent's broker has advised her not to get involved, even though she hired the inspector. Aren't the seller, agent and inspector liable for these repairs?
-- Eunice

Dear Eunice,

If your agent selected the home inspector, then she should assume a reasonable degree of responsibility for the outcome of that choice, especially if more qualified home inspectors were operating within her sphere of business. Active agents and brokers are generally familiar with the most prominent local inspectors and know who among them provide the most and least amounts of property disclosure. New agents can be plausibly excused for recommending less qualified inspectors. But when experienced agents choose marginal inspectors, the choice is often not accidental. To avoid this kind of liability, many agents provide buyers with a list of available inspectors from which to choose, rather than making the choice themselves.

As to seller liability, many homeowners never use their whirlpool bathtubs and are often unaware of latent or operational defects. This may have been the case with the people who previously owned your home, which is why testing of the system by your home inspector was so important.

Competent home inspectors routinely fill and test whirlpool bathtubs to observe leaks and other problems related to installation, function and safety (to be discussed more fully in a future article). If your inspector failed in this respect, the thoroughness of the entire inspection is suspect. A second inspection by a more qualified inspector is therefore recommended. Once you have a more complete disclosure of existing defects you can more effectively discuss matters of liability with your agent, the sellers and the home inspector.

Copyright 2004-2006 Barry Stone. Distributed by Inman News.