Real Estate Legal Issues, Possibly need to Sue Realtor and Inspection Company.?

Question

At the end of June, we purchased the house we are currently living in. When we did the walk thru, we had noticed the floors seemed a little spongy. No where in the discrepency form filled out by the current owners at that time, were there any problems listed about the floors. The realtor recommended a inspection company to come out and inspect the house fully. We agreed, and split the cost of the inspection with the sellers. We also put into the offer that in the inspection revealed more than 2,000 dollars worth of damage/repairs, we would drop the offer. After the inspection, the inspector marked the floors of the house as Acceptable. So, based on this, we closed, took posession. A few days ago, we had a company come out to look at fixing the floors.. surprise. Our house has absolutely no center beam, and the entire weight of the floors, is supported on 2by16s, spanning over 12 feet long. this is far from acceptable. What is my option, can I sue? All repairs could cost up to $30,000!

Answer 1

Sounds like you have a good case. Talk to an attorney, one who specializes in real estate and let them advise you.

Answer 2

I'm not so sure. The issue at hand is more of an engineering issue than something that a home inspector would be expected to have knowledge of or be able to evaluate properly.

IMHO, a "spongy" floor such as you state would have warranted an engineering report by a structural engineer, not a simple home inspection. That would have run $2,000 or more to have that properly evaluated. A home inspector is going to look for things like wood rot, insect damage, water damage etc. and probably can't evaluate the adequacy of the construction methods used especially as it relates to engineering calculations.

There may not even be a defect from an engineering standpoint. 2x16s spanning a 12 foot span 16" OC MAY be adequate from a structural engineering standpoint. It may have more "give" than you would like but may support the load above it properly. My place uses 2x12s 16" OC spanning 25' with support at midpoint. There is a bit of give, but I've had it checked by a structural engineer and it's structurally sound.

There's little doubt that the Realtor has no liability here. They're not engineers and would not know about such things. It's also unlikely that the seller had actual knowledge of such a defect though even if they did, proving it would be exceedingly difficult.

That leaves you with the home inspector. First off, you're going to need to verify that there is a defect in the first place. Back to the structural engineer for that determination.

Next you'll have to review the inspection report and the contract that you signed with the inspector. I pulled my last one and looked it over. It specifically mentions that there could be structural defects in any building that are beyond the scope of a home inspector's ability to evaluate and that if the customer has any such concerns they should be addressed to a licensed structural engineer. There are also a LOTof disclaimers and escape clauses in the contract such that most undetected defects would not make the inspector liable for anything more than a refund of the inspection fee.

I'd strongly suggest that you consult with both an experienced real estate attorney AND a licensed structural engineer to see if you have any cause to answer in the first place. I don't see this as a cut and dried case by any means.

Answer 3

touch an legal expert as what i'm approximately to assert is my opinion and that i'm no longer offering legal advice. for #a million i believe you may could sue the "contractor" for the greater funds you had to spend having somebody else redo the artwork. The agent did no longer do the artwork. That one i could chalk as much as basically a Realtor who did a foul activity giving a referral. touch your states licensing board. for #2 i'm able to't answer. replaced into the pending legal situation on your section? It sounds like it with the aid of fact the customers offered someplace else. How can a Realtor sell your place whilst its no longer salable? If a legal situation replaced into struggling with you from advertising - how can an agent be held to blame? replaced into the agent conserving up the final? devoid of greater counsel i'm able to't say.

Answer 4

Based on your information I'd say you have a good case. You should contact a real estate attorney to at least review your inspection documents before proceeding.