By Barry Stone
Dear Barry,
When we purchased our home two years ago, we hired a home inspector. He reported that there were a couple of cracked tiles in the lower part of the chimney and recommended minor repairs. Recently we hired a chimney sweep, and he found major problems, including 10 cracked tiles and a number of loose bricks due to a chimney fire. He says the fireplace is unsafe and repairs are quoted to be $11,000. If our inspector had disclosed this condition, we would have asked the seller to repair it or we would have offered less for the house. Do we have any recourse against the home inspector? --Karen
Dear Karen,
If the fireplace defects were visually discernible, that is, not concealed at the time of inspection, and if the inspector did not recommend further evaluation by a fireplace expert prior to close of escrow, then he can probably be held liable for the cost of repairs. The extent of this liability will be subject to the laws in your state.
Your first step is to bring the matter to the attention of the inspector so that he can re-inspect the chimney and offer a solution. If he is insured for errors and omissions, he may be able to file a claim. If he is unwilling to take responsibility, you may have to resort to legal action. In that case, you will need to consult an attorney.
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