Can I sue my home inspector or the previous homeowners?
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Can I sue my home inspector or the previous homeowners?
the home owners and home inspector failed to mention rot/mold damage in our sunroom. There was a tin can in the attic catching water. The entire roof over sunroom has rotted out and when it rains it pours like a waterfall into the sun room. It’s caused over $12,000 worth of damage not including brand new furniture that has been ruined.
Asked on June 17, 2019 under Real Estate Law, Mississippi
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue the previous owner for fraud and the inspector for negligence in the same lawsuit.
Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known its true condition.
Damages (monetary compensation you are seeking in a lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
Negligence against the home inspector is the failure to exercise due care (that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages for negligence would be what was foreseeable such as the cost of the repairs.
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