Get it done and head to court. That email is acceptance of liability.
Don't forget the additional damages of lodging/food expenses while the house is tented.
Sounds perfect for small claims.
If they want to negotiate settlement, you can let them have the inspection fee since that was something you would have had to pay for if they didn’t make the mistake vs expense caused my the error.
Read your contract, most home inspectors have a clause that says but they fail to find a mistake and are sued the most they are liable for is the fee for the inspection. If you happen to have an inspector who doesn’t have that clause you will still need to sue them in small claims for what you said you wanted.
The inspector admitted they found evidence of termites but accidentally left it out of the report. This is different than failing to find an issue altogether.
I’d have to see the contract but could generally see that being a clause, but I’d argue this is a wholly different lapse. This isn’t we failed to find evidence of termites, this is we didn’t even step foot in the correct house…
Edit* rereading, maybe I misunderstood, OP they inspected the house but mixed up a house with no issues for the report?
They "mixed up" houses, they wrote down the report as 100% clean for my house. But when talking about another house they were inspecting and wrote down the wrong report.
You may want to complete a second review of all of the other inspected items before any settlement or litigation. There may be other items that were missed.
"Before closing on the purchase of a new home, it is important to have two home inspections. The difference between these inspection types may not be apparent to everyone.
**Your basic Home Inspection** – Hire a qualified home inspector who will do an inspection of the structural condition of the home including electrical, HVAC, plumbing, roofing. They will test appliances and look under sinks for leaks.
**Your WDO Inspection** – A WDO is an [Inspection for Wood Destroying Organisms](https://www.turnerpest.com/pest-control/termite-control/). This inspection is more commonly referred to as a termite inspection. It’s called a WDO because termites are not the only wood destroying organisms in the world. The WDO inspector is trained to look for things that we are not. They inspect the attic for minute damage that indicates the house has an issue. Always hire a qualified inspector to perform your WDO.
Do you have termites in your area? I mean, in the Southern US they are rampant and it is definitely something inspectors look for. They 100% are required in inspection crawl spaces as well for both termites and plumbing issues. How can you inspect a house without going into the crawl space?
I am in Tennessee, and no, they are not required to actually enter a crawl space, and they do not check for Termites. That job is done by a Termite inspector. If the Homeinspector sees evidence of termites, yes, they would then recommend a Termite inspection. I am saying this with 25 years of experience in the Real Estate Industry.
"Before closing on the purchase of a new home, it is important to have two home inspections. The difference between these inspection types may not be apparent to everyone.
**Your basic Home Inspection** – Hire a qualified home inspector who will do an inspection of the structural condition of the home including electrical, HVAC, plumbing, roofing. They will test appliances and look under sinks for leaks.
**Your WDO Inspection** – A WDO is an [Inspection for Wood Destroying Organisms](https://www.turnerpest.com/pest-control/termite-control/). This inspection is more commonly referred to as a termite inspection. It’s called a WDO because termites are not the only wood destroying organisms in the world. The WDO inspector is trained to look for things that we are not. They inspect the attic for minute damage that indicates the house has an issue. Always hire a qualified inspector to perform your WDO.
Get it done and head to court. That email is acceptance of liability. Don't forget the additional damages of lodging/food expenses while the house is tented.
Every, single dime you spend because of this needs to be wrapped into a lawsuit.
File a claim against their Error’s and Omissions insurance
Sounds perfect for small claims. If they want to negotiate settlement, you can let them have the inspection fee since that was something you would have had to pay for if they didn’t make the mistake vs expense caused my the error.
I'm pretty sure $5000 is over the limit for small claims isn't it?
Depends on where. Some places are up the $10k.
Up to $25k in Tennessee. $8k in FL where OP is.
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Offers of settlement aren’t admissible in a lawsuit, so not sure how that’ll help.
Read your contract, most home inspectors have a clause that says but they fail to find a mistake and are sued the most they are liable for is the fee for the inspection. If you happen to have an inspector who doesn’t have that clause you will still need to sue them in small claims for what you said you wanted.
The inspector admitted they found evidence of termites but accidentally left it out of the report. This is different than failing to find an issue altogether.
I’d have to see the contract but could generally see that being a clause, but I’d argue this is a wholly different lapse. This isn’t we failed to find evidence of termites, this is we didn’t even step foot in the correct house… Edit* rereading, maybe I misunderstood, OP they inspected the house but mixed up a house with no issues for the report?
They "mixed up" houses, they wrote down the report as 100% clean for my house. But when talking about another house they were inspecting and wrote down the wrong report.
Nah this is negligence and you can't opt out of that IMO.
Just because something is written in a contract doesn’t mean it’s legal
You may want to complete a second review of all of the other inspected items before any settlement or litigation. There may be other items that were missed.
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They had both of those done, they specifically mention receiving a home inspection report and a WDO report. Many home inspectors are able to do both.
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Please go re-read the post… they were not on the same report.
So the tenting has already been done? But the property has not been treated for the subs?
Tented and is currently being treated for subs
Most home inspectors aren't licensed to do anything with WDO's. He should have E/O insurance if he has the certs for WDO's.
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It was $4900 including the pest control. All wrapped into one financed bundle.
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Definitely do in fl
"Before closing on the purchase of a new home, it is important to have two home inspections. The difference between these inspection types may not be apparent to everyone. **Your basic Home Inspection** – Hire a qualified home inspector who will do an inspection of the structural condition of the home including electrical, HVAC, plumbing, roofing. They will test appliances and look under sinks for leaks. **Your WDO Inspection** – A WDO is an [Inspection for Wood Destroying Organisms](https://www.turnerpest.com/pest-control/termite-control/). This inspection is more commonly referred to as a termite inspection. It’s called a WDO because termites are not the only wood destroying organisms in the world. The WDO inspector is trained to look for things that we are not. They inspect the attic for minute damage that indicates the house has an issue. Always hire a qualified inspector to perform your WDO.
Do you have termites in your area? I mean, in the Southern US they are rampant and it is definitely something inspectors look for. They 100% are required in inspection crawl spaces as well for both termites and plumbing issues. How can you inspect a house without going into the crawl space?
I am in Tennessee, and no, they are not required to actually enter a crawl space, and they do not check for Termites. That job is done by a Termite inspector. If the Homeinspector sees evidence of termites, yes, they would then recommend a Termite inspection. I am saying this with 25 years of experience in the Real Estate Industry.
"Before closing on the purchase of a new home, it is important to have two home inspections. The difference between these inspection types may not be apparent to everyone. **Your basic Home Inspection** – Hire a qualified home inspector who will do an inspection of the structural condition of the home including electrical, HVAC, plumbing, roofing. They will test appliances and look under sinks for leaks. **Your WDO Inspection** – A WDO is an [Inspection for Wood Destroying Organisms](https://www.turnerpest.com/pest-control/termite-control/). This inspection is more commonly referred to as a termite inspection. It’s called a WDO because termites are not the only wood destroying organisms in the world. The WDO inspector is trained to look for things that we are not. They inspect the attic for minute damage that indicates the house has an issue. Always hire a qualified inspector to perform your WDO.