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    Default Article: The Sinking Yard: A Home Inspection Insurance Claim

    Hi InspectionNews Readers!

    Wondering how you can better prevent claims? Or what it would be like to have a claim? To try to help answer these questions, we publish details from actual home inspection insurance claims every few months. We hope you enjoy our latest case study.

    Best,
    Stephanie



    The Sinking Yard: A Home Inspection Insurance Claim

    The following is a real home inspector case study from our insurance claim archives. In order to protect the insured's identity, all identifiable characteristics?including names, associations, and locations?have been omitted or removed.

    "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you."

    That was how home inspector Nathan Cross' letter from the state began. According to the state, former home inspection clients Patrick and Miranda Spence were suing Cross and the sellers for "deceptive trade practices," "breach of contract," "economic and actual damages," and "intentional damages by omissions."

    The Complaint

    Unbeknownst to Cross, the property used to have a swimming pool. The sellers had filled the pool in and covered it up prior to putting the house on the market. The sellers did not disclose the pool's existence to either the Spences nor Cross. So, when Cross performed his inspection, there were no visible signs of a pool in the backyard, nor were there any visible defects. Thus, Cross' inspection report did not indicate any issues in the backyard.

    About a year after the inspection, indentations began to appear in the backyard. Upon investigating the property's tax records, the Spences discovered that a pool had existed prior to them moving in. (The covered pool was not in the sellers' disclosure.) They surmised that the sellers must have improperly filled the pool, which led to developing indentations. Now, a full year and a half after Cross' inspection, the Spences were taking legal action. The Spences demanded "monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees."

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    Last edited by Stephanie Jaynes; 07-01-2019 at 08:36 AM. Reason: All of the apostrophes, quotation marks, and em dashes turned into question marks.
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    Stephanie Jaynes
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    InspectorPro Insurance
    We Protect. You Inspect.
    www.inspectorproinsurance.com

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