What recourse does a displeased buyer have on an inspector?

The critical question is "when was the problem detectable? The buyer must start with an honest assessment of this simple question. Unfortunately my own experience is that a certain population of clients expects the inspector to be clairvoyant. They will not say it, but if you read between the lines, that is what they believe.

Unfortunately some buyers do not fully grasp two ideas. First, a home inspector is a generalist, not a discipline expert. He possesses a narrow amount of knowledge on a broad group of subjects. The electrician and plumber, on the other hand, posses a broad amount of knowledge on a narrow range of subjects. The second misunderstanding is that home inspectors have special knowledge that allows them to determine conditions and situations that are not visually apparent. In other words, we can predict what is going to happen. Obviously we can all predict that unpainted wood in Houston will rot, but who knows when the dishwasher is going to die?

So what can you tell a client that is displeased? There are really three answers depending on how we phrase the question:

"What happens if it is after closing and the inspection didn't show certain defects that have appeared? What recourse do I have?" If a defect is not visible to anyone at the time of inspection and appears later there is no recourse. TREC rules hold that an inspection should reveal "visually apparent" defects. TREC and common sense tells us that we cannot see through walls and predict the future. The classic example of this type of problem is the failure of an appliance after the inspection. This is why we have home warranties. When this happens with one of my clients I try to act as an advisor and help them solve the problem as well and as inexpensively as possible. It is absolutely critical for a home buyer to understand that no home inspection or home warranty can eliminate 100% of their risk.

"What happens if it is after closing and the inspection didn't show certain defects that the inspector missed? What recourse do I have?" Unfortunately, this happens. With a competent inspector it is far less common than people think. This is the reason why TREC requires an inspector to carry insurance. My first advice is to call the inspector. If a problem was demonstrably visible at the time of inspection and not indicated on the report, a good inspector will help solve the problem. A return of fee or payment for repairs may be in order. If the inspector missed something that is required by TREC and will not talk to you, you may have to take more aggressive action.

"What happens if it is after closing and the inspection didn't show certain defects that later appear and it looks like they were hidden from me? What recourse do I have?" This is pretty rare, but it has happened to me. If a new homeowner finds what appears to be covered up damage or sloppy repairs that were not disclosed and were hidden by strategically placed boxes or furniture there may have been an effort to mislead. The state disclosure law is pretty clear. Under certain conditions, this could be called "fraud". The home buyer should approach the seller to assist making things right. If that does not work, more aggressive measures may be needed. Remember, this is one reason why many agents are uncomfortable with seller's conducting repairs. Even if a seller makes a good faith effort to do or have the job done correctly, he can be accused of other motivations later.

And the final answer is: Work with a competent home inspector with a reputation for service and quality. These questions are most commonly asked by clients that select cheep and inexperienced inspectors. I hate saying this, but you get what you pay for. If you buy a Yugo, don't expect Cadillac performance.

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