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B.C. Inspector On the Hook For $192,000


hausdok

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I like what the judge wrote:

"An inspector invites reliance by the very nature of the advice that is given," wrote the judge. "Plainly, if prospective home purchasers did not believe that they could secure meaningful and reliable advice about the home they were considering purchasing, there would be no reason for them to retain an inspector to inspect that home."

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So, How is it you could live in a house with a moisture problem big enough to be rotting a significant number of framing members, had repair work done to some and, not be aware of the problem. Are there no disclosure laws in Canada? What was the settlement with the homeowner? Did they walk away without being held at least partially responsible? They had to have known.

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Hi,

I don't think it matters. The inspection identified the issues involved and the buyers had the opportunity to address that cost with the seller before proceeding. That's not the issue; the issue is that the inspector identified all of the pertinent issues and then under-estimated what it would cost to fix them. If the buyer only asked for $20,000 in concessions based on that discovery and estimate, and the seller granted it, the seller is not on the hook. Lesson - if you're going to give them estimates you'd better at least be in the ballpark or you've basically screwed yourself royally.

By the way, this inspector is also an architect. Can't say that I'd want him designing and costing out a home for me.

ONE TEAM - ONE FIGHT!!!

Mike

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Proving someone knows something is not possible.

And, even if one proves someone "knew", there's the plausible defense of disclaiming understanding.

So, one has to prove someone knew something, and then prove they understood all the ramifications of what it meant.

Ask an attorney how difficult that is.

Or, review the legal positions of Nixon vs. Reagan. One guy admitted he knew something, the other had no recollection of anything.......

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Reading some of the comments posted reinforces the fact that there's a lot of idiots and whiners out there. As long as people keep price shopping for the cheapest inspection or using their Realtor's preferred inspector, there's going to be a lot of complaints.

I'd like to see a poll of all homebuyer's out there who have complained about their home inspector/ inspection. The question: Did you do your own research and choose your own inspector without price shopping?

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80% of the value of that place is in the property because of its location. The actual structure was assessed at about $250,000. Hard to imagine the repair bill is almost equal to the home replacement cost. Most of the homes in that area are perched on the side of a steep slope, where heavy rains and mudslides are common, so the foundation should be high priority for inspection, I would think.

It is a heads-up for us all. Don't rely on your contract, don't rely on your lawyers, don't underestimate the defect and don't try to put a price on it.

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  • 7 months later...

I've just added the following clause to my agreement[:-dev3]:

"I the undersigned do hereby certify that I frequently sign documents without reading or understanding the consequences, and further agree to be bound by any and all terms and conditions that I have no knowledge there-of."

Tom

Can I borrow that one? LOL

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