Bad home inspection and home owners non disclosure liabilities

[Patrick Lynch]

Buyers depend on a thorough in depth home inspection and a good faith disclosure on the sellers side ...what is my recourse for remediation against fraud. Pembroke Pines FL  

[Matt Holmer]

In my neck of the woods, liability for the inspector is typically limited to the amount actually paid for the inspection.  However, in the event of a willful and wanton act, there might be some more liability, but that certainly goes beyond negligence.

With respect to the disclosure, what does the actual document say? Again, around here, sellers do not have to disclosure information that they reasonably believe to be remedied.  So, if there used to be water in the basement, but you had the drain tiles replaced, you do not have to disclosure it.  

Make sure you review the actual document and then look at the applicable disclosure statute.  In Illinois for example, you can recover attorney's fees, but you only have 1 year to file a claim from the date of closing/possession, whichever is earlier.  That is significantly shorter then say a negligent misrepresentation claim.

I get these types of call on at least a weekly basis.  Your best bet is to call a real estate attorney and ask for a consultation.  The fee, if any, should be minimal.