My Building Inspector Failed to Report a Defect in the Pre-Purchase Inspection Report! Can I Recover my Financial Loss From the Building Inspector?
Written on 13 September 2024

If you have recently purchased a property and discovered significant defects that were not disclosed in the pre-purchase inspection report, you are likely wondering whether you have any legal recourse against the building inspector. This article provides a breakdown of the relevant considerations which may give rise to such recourse.

Duty of Care

In the realm of property transactions, a duty of care is owed by professionals, such as building inspectors, who provide critical reports upon which buyers rely to make informed decisions.

The importance of these reports is evidence by the sheer number of contracts for sale of property which are subject to the buyer obtaining a pre-purchase inspection report.

The duty imposed on building inspectors is intended to ensure that inspections are conducted diligently and with reasonable care to identify any defects that could affect the property's value or safety (subject to the terms of engagement with the building inspector).

Negligence

To establish a case of negligence against a building inspector, the following elements typically need to be proven:

• Duty of Care: The inspector owed you a duty to conduct the inspection with reasonable care.
• Breach of Duty: The inspector failed to fulfill this duty adequately, for example, by overlooking a significant structural defect.
• Causation: As a result of this breach, you suffered harm, such as financial loss due to unexpected repair costs.
• Proximate Cause: The harm suffered was a direct consequence of the inspector's negligence and was reasonably foreseeable to the inspector at the time of carrying out the inspection.

Breach of Contract

Alternatively, it is likely that your pre-purchase inspection was conducted under the terms of an agreement between you and the building inspector.

Accordingly, you may also have grounds to a claim in breach of contract if the inspector failed to fulfill specific obligations outlined in the agreement.

Time Limitations

It's important to keep in mind that legal actions based on negligence or breach of contract have time limitations, typically up to six years from when the cause of action accrued, after which you will become time barred from bringing a claim and your ability to seek legal remedies may be restricted.

Conclusion

If you believe that a building inspector's negligence has caused you financial harm due to a failure to identify defects in your property, you may have legal options available to seek compensation. Understanding your rights and the legal principles involved is crucial in determining the best course of action.

Contact Us

Navigating legal claims related to property inspections can be complex, requiring a thorough understanding of the law surrounding negligence and contracts. Consulting with a qualified legal professional can provide you with clarity and peace of mind on whether you have a viable case and what steps you should take next.

At Vogt Legal, we have helped countless homebuyers navigate the complex legal issues related to claims of negligence and breach of contract against their building inspectors.

For personalised legal advice tailored to your situation, don't hesitate to reach out to us. Our experienced team is here to help you navigate through these challenges and pursue the justice and compensation you deserve.

This article/post is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, instructions or all of the relevant facts and/or circumstances. Will Vogt or Vogt Legal accepts no responsibility to any persons who relies on the information provided on this website.