Is the home inspector liable if they failed to discover termites ?

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Is the Home Inspector Liable if They Failed to Discover Termites Before I Bought My House?

If you own a home in Maryland and have found damage resulting from a termite infestation after a home inspection was performed and after buying the home, Maryland law allows you to seek payment for repairs and damages from a variety of sources who were negligent or dishonest. The termite inspection lawyers at Whitney, LLP can fight on your behalf.

Maryland Termite Inspection Lawyers

When you are faced with the unexpected costs of termite damage repair, Whitney, LLP’s termite attorneys can help get you the financial compensation that you deserve. We can assist you in taking action against anyone who was responsible for the damage to your home, including real estate agents, termite damage contractors, home inspectors, house sellers, and house-flippers. These parties can be held liable for physical termite damages, such as termite damage repair or treatment, as well as the emotional distress that you have suffered from encountering termites in your Maryland home. Our firm has won a Maryland termite damage verdict against a termite inspection company that was negligent and carried out its work dishonestly. We have also represented a Maryland couple featured on WBAL who filed suit after buying a home with severe undisclosed termite damage. Consultations are Free.

Maryland Home Inspectors Are Responsible for Their Work

A home inspector or WDI / termite inspector can be found legally responsible for failing to discover termites during a home inspection. A termite inspection will generally occur separately from the general home inspection. Some lenders will require home inspections for termite damage, considering that the cost of a termite damage repair by an experienced termite damage repair contractor can reach tens of thousands of dollars or more. The key in cases against termite damage inspectors is whether they exercised the proper care during a termite inspection. Maryland termite inspectors can be held liable for damages if they have acted either negligently or fraudulently.

Termite Inspector Negligence in Maryland

Home inspectors are held to the same standard of care that any expert must uphold when doing their job. When a termite inspector puts pen to paper to declare that there is no termite damage to a home, they must be sure that they have exercised a reasonable amount of care in reaching that conclusion. For example, if they looked at only areas that were readily visible without examining areas that are somewhat hidden to observers, this could be considered negligent since a reasonable inspector would look at areas both exposed and hidden. In fact, Maryland regulations require that inspectors pay special attention to areas like basements and crawl spaces. If the termite inspector does not do a competent job and it causes them to miss signs of termite damage, that can be considered negligence. We have seen where an inspector has missed obvious signs of termite damage, and the homeowner later finds damage in those areas.

Termite Inspector Fraud in Maryland

The termite inspector will also be found liable if its failure to spot termite damage was the result of any type of fraud. If a termite inspector makes a false statement in their inspection report or tells you that they inspected an area of the home when they really did not, it is fraud. They may additionally notice signs of termite damage but falsely claim that there was none. In such cases, termites are not addressed or eradicated, and they can continue to do additional damage to the home, resulting in even higher repair costs later on. These cases can result in large damages and large settlements for victims of this fraud.

Maryland Termite Lawyer for Claims and Lawsuits

If you have discovered termite damage in your home despite home inspectors or termite inspectors giving you the all-clear, contact the lawyers at Whitney, LLP at (410) 583-8000. We can help you hold the termite inspectors accountable for their failures and help you get the compensation you deserve. The consultation is free.


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An attorney-client relationship is created only once a representation agreement is signed. Prior results are not a guarantee of future results, and all cases are different. This website does not provide legal advice.


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