Is Your Home Inspector Liable?

Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.

Needless to say, the housing market in the Dallas / Ft. Worth area and its surrounding suburbs is robust. A historically low-interest rate coupled with a massive influx of new Texas residents has fueled the immense growth and competitive real estate market. New job creation, a lower cost of living, and a higher quality of life have caused families to move into the area pushing house prices higher and triggering bidding wars. A typical house in DFW sits on the market for an average of 5 days before going pending!

You may have guessed it; time is of the essence when purchasing a home in the Lone Star State. Thus, potential buyers must be prepared to schedule a home inspection soon after the purchase contract is executed. Traditionally, homebuyers have an option period of 7 to 10 days, in which to have the prospective house inspected by an independent third party. During this option period, it is critical to find an inspector that you trust.

If the home inspector performs a negligent inspection or misrepresents the condition of a part or a defect in the home that causes expensive problems for the buyer, the inspector may be liable. The Texas Deceptive Trade Practices Act (DTPA) will protect a buyer from the misrepresentation of an independent inspector.

Under the DTPA per Tex. Bus. & Comm. Code §§ 17.46(b) there are multiple causes of action to ensure your protection if an inspector committed an action that:

(a) represented that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(b) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(c) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;

(e) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not;

(f) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(g) knowingly making false or misleading statements of fact about the need for parts, replacements, or repair service;

(h) falsely representing that work or services have been performed on or parts replaced in goods; and

(i) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed;

These are a few of the causes of actions that can be filed against a home inspector that misrepresented a portion of the home that had a severe defect. DTPA actions can be complex and intricate both in filling the action and in litigation of the case. It is vital to engage the assistance of an experienced real estate attorney if you wish to pursue a remedy under the Texas DTPA laws.

I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”

As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!

Why swim alone in shark-infested waters when you don’t need to?