When a new home is built, the municipal inspector will perform an inspection to approve the construction and see that it is ready to be put on the market. When there is an individual looking to purchase the home, the purchaser may hire their own independent inspector. In fact, for the sale of most homes an inspection is required by the lender. Occasionally, defects are discovered in a home after the sale, even when the purchaser had an independent inspection. When this happens, homeowners may wish to turn to an attorney with construction litigation experience to help resolve the matter.
Most homebuyers that look to purchase a newly constructed home assume there will not be any issues with the homes construction. However in today’s rebounding market, some builders cut corners to save time and money during the construction process. And while we may hope that an inspector will be able to identify these issues, sometimes they don’t. They may be hidden, missed or purposely overlooked to secure the sale. When these issues or defects are finally discovered, homeowners have other options than just dealing with them.
Home inspectors typically carry liability coverage. This coverage protects them from claims against them in the event they missed a serious defect. However, for homebuyers, this liability coverage may not help them recoup any loss they suffered from the overlooked defect. If the inspector is found to have missed a defect, generally they must refund the cost of the inspection.
If the defect is costly enough homeowners can seek remedy by the builder through an attorney. While construction litigation can be a lengthy battle, holding the builder responsible for building defects may help indemnify homeowners or, in the event the defect is extremely serious, even cancel the purchase.