Dear Monty: I purchased a home after a home inspection was done. The seller would not allow me to bring in the inspector my agent and I chose. My agent advised me that the seller’s inspector was a licensed state inspector and would be fine. Two months after closing, I walked on the deck beside the pool and fell through two rotted deck boards. A day laborer found that 70% of the deck was completely rotted. The new deck boards concealed the rotted areas. Lifting one or two of the deck boards to inspect underneath would have only taken five minutes. Therefore, the owners were covering a hazard, and a lack of due diligence on the inspector’s part allowed this to occur. I filed a complaint with the state regulators, and they would not investigate due to insufficient evidence. I am not going to let this matter die. I intend to put an end to this fraud. Why didn’t the inspector let me know the deck was a hazard in his report?
Monty’s Answer: I have not seen the inspection agreement you signed. Did you read the inspection report contract? Most inspection contracts exclude unobservable defects. The contract likely states that he does not have an obligation to lift boards, conduct testing or move items obstructing his view. An inspection is a visual inspection only. The visual-only clause is likely why the regulators dismissed the complaint.
