A large number of e-mails I receive involve dissatisfaction with various home inspectors. When asked whether these inspectors should be held accountable for alleged acts of negligence, the answer is sometimes yes and sometimes no, depending upon the circumstances. If you’ve read only columns where the answer was no, you’ve gotten the wrong impression.

A common saying in the home inspection business holds that there are two kinds of home inspectors: those who have been sued and those who will be. The fact is, most home inspectors will be sued at some time in their careers. There are, however, specific circumstances that determine whether a home inspector is truly liable.

When property defects are overlooked by a home inspector, liability ensues if the defect is: (1) within the scope of the inspection; and (2) visible and accessible at the time of the inspection. For example, a leaking drain below a sink would be within the scope, and in most cases would be visible and accessible. A deteriorated roof would also be within the scope and, with rare exceptions, would also be visible and accessible. An inspector who fails to report such defects could be subject to a lawsuit.

Real estate agent Caesar Parisi stands ready with effective advice on buying or selling Boca Raton FL condos.

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