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Dot Your i's and Cross Your t's in Texas


hausdok
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If you're doing home inspections in Texas, you'd better be careful, because Texas juries don't play. Coldwell-Banker and a seller definitely learned that the hard way when they lost big time to the tune of $975,000 awarded for damages due to non-disclosure of pre-existing conditions.

A Texas couple sued after the walls of their new home began to leak and they discovered that the seller had previously tried to sue the builder for leaky walls, but had never disclosed that fact to them. The home inspector? Well, looks like he survived because the infiltration issues were concealed behind walls where they couldn't be seen and because the seller never disclosed.

Phew!

To read the whole sordid tale, click here.

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Coldwell Banker Pacesetter Steel attorney Rick Rogers of Porter, Rogers, Dahlman & Gordon PC said his client denies any liability.

"The Schlimmers were given a mold clearance report provided to them by my client (Coldwell Banker) before the purchase of the home and a home inspection was conducted," Rogers said. "The problems with the house were behind the walls."

A "mold clearance report"? What a weak, phony attempt to shield themselves from liability. The article doesn't really say if the HI was told anything about the problems and the previous lawsuit, but since he was left out, I would think not. Still, if the realtor lined up the inspection, what are the odds they called the worst HI they knew?

Brian G.

Spank 'Em! [:-weepn]

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Well, but normally everyone involved is sued 'cause the attorneys are looking for settlements from insurance companies. We'll never know, of course, but maybe the inspector was competent and well-spoken before and after the damages were discovered by the buyers and they didn't want to cause him undue problems. What if a bunch of other deficiencies had been exposed after they moved in? They would have likely included the inspector in the lawsuit to settle the score.

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I know some of the parties involved. I do not know who the inspector was. I was told that he was not named because he "didn't have any money". The Broker at CB now does not recommend any inspector to their clients that does not have E&O. She also tries to control every little thing about all transactions. She will not pay the agents unless they have a copy of the inspection report in file. It used to be all women there - I guess they have a couple of males now. I always refer to it as pantyhose palace. I would like to read the transcript of the court proceeding.

Edit - HIs do not inspect for or remediate mold in Texas unless they are separately licensed by the department of health to do so.

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