Home Inspection Disputes
Buying the right home or condo is a thrilling moment, but unfortunately, there are also situations in which a home seems right, but there are serious issues. There are situations in which things fall through during a home inspection. Residential real estate can have big problems, including problems with foundations, electricity, or plumbing that affect your ability to enjoy a new home. Sometimes these are hidden problems that are revealed in the home inspection. At the Dean Law Firm, our Ocala real estate attorneys can represent you if you become embroiled in a home inspection dispute.What is a Home Inspection for?
Many Florida homebuyers rely on the advice of their real estate agent. However, sometimes inspectors and agents are friends, and the interests of the real estate agent may be imperfectly aligned with yours. Home inspectors profit from inspections, and real estate agents profit from sales. Accordingly, it may be wiser to hire an independent home inspector.
Home inspections can reveal problems such as hidden mold, termites, defective plumbing, a sagging roof, failures to meet code requirements, cracked drywall, improperly laid foundation, or improper waterproofing. Your home inspector should give you an accurate evaluation of the condition and quality of the home or condo being inspected. Usually, a written report is given to a homebuyer and specifies what was found. There are situations in which a dispute arises over the findings of a home inspector.Home Inspection Disputes
Sometimes buyers and sellers disagree about what should happen if a home inspection turns up a defect in the real estate. One way to stave off home inspection disputes is to build a contingency into a real estate purchase and sale agreement with the help of an experienced attorney. It’s common to build in a contingency that says a sale is contingent upon satisfactory completion of inspection. There are many inspections for which a contingency could be included in a contract, whether it’s a home inspection or a specialized situation such as a pest inspection or inspection to address radon or mold. Usually there will be a timeline specified to complete the inspection and to accept the inspection. The contingency specifies that if the inspector finds defects in the home, a buyer can get out of the contract based on the inspection. Without a contingency in the contract, a buyer may be stuck purchasing the home.
Often the contract will specify that the seller must repair or replace what needs repair, or what’s not working as it was designed to work. The contract may specify some examples of general repair items such as a sagging roof. Usually, the contract will make clear a seller isn’t obliged to repair or replace what’s in working condition. However, the language may be ambiguous, or a seller may refuse to repair a particular condition. Another potential dispute might arise if the repairs aren’t performed in a workmanlike manner, causing further problems with the property. It’s important to choose an attorney who can help you navigate a home inspection dispute and take your case to trial if necessary.
Sometimes a buyer purchases residential real estate and only finds out down the road that the inspection didn’t turn up the property’s defects. If that happens to you, you may be able to make a claim against the inspector, seller, and real estate agent for damages. Theories under which you may have a claim against an inspector include negligence or breach of contract.Consult an Experienced Real Estate Attorney in Ocala
If you are concerned about a home inspection dispute in Ocala, you can hire a tenacious lawyer who understands and has experience in real estate litigation. Michael E. Dean and Timothy S. Dean are the lawyers of the Dean Law Firm. We have decades of collective experience. Call (352) 387-8700 to set up a free consultation with our attorneys or contact us online.