What is the difference between a building inspection and a home inspection?
Home Inspector Negligence
Under Oregon law, you may be able to recover monies if your home inspector was negligent in inspecting your home.
Most claims involving home inspectors in Oregon arise out of the failure to inform a home purchaser about material facts about a home that was sold.
Under Oregon law, a home inspector must follow the Oregon Home Inspection Standards of Behavior. Among other things, the Home Inspection Standards of Behavior require a home inspector to observe and describe structural components of the property, the wall cladding, flashings and trim, the roof, the electrical, plumbing and other components of the property. If the home inspector does not inspect these components (or inspects them negligently) you may be entitled to compensation
One question we frequently receive is whether the homeowner may recover more than the contract's limitation of liability provision. Generally, home inspectors' contracts contain a provision, which provides, in substance, that the maximum amount of money the home inspector is liable for is the cost of the inspection or some other arbitrary number like $500.00. In Estey v. MacKenzie Eng'g Inc., 927 P.2d 86 (Or. 1996), the Oregon Supreme Court held a limitation of liability provision does not bar a homeowner from recovering more than the amount stated in the contract's limitation of liability provision. However, this is a nuanced issue. If you are unsure whether your contract bars you from recovering, you should consult with an expert home inspector negligence attorney. We provide free consultations.
Kelly McCann, Esq.
Kelly McCann's practice is focused primarily on real estate and construction. With a unique background as a construction manager and real estate analyst, Kelly is considered the go-to expert for anything ...