Subscribe to Answers
Ryan Huggins - Thousan...
Thousand Oaks, CA
No matter who ends-up paying, someone should have alerted the Seller or their representative that the window got broken. That was the first .. and right thing to do. JMO ... but as a former appraiser, if this would have happened while performing my work, I'd have offered to pay. Just makes sense business and marketing wise to me. Acting like it didn't happen won't get you any future work, that's for sure ...
White Plains, NY
No sure how things work there, but here in AZ the home inspector would be responsible for damage. I work with one of only 6 master certified home inspectors in the state of Arizona and he makes a point of being careful when conducting inspections to the point does not move sellers belongings or personal property without permission, will not turn on a water shut off for example too hard as to damage it and etc.
Regardless, someone should have called the listing agent to report the damage at the very least. I would have sent a disclosure notice in writing.
Troy Erickson AZ Realt...
It depends. Was the window " rigged" in with scotch tape by the owner? if so, the owner can pay. if it was working properly and inspector broke it being careless , the inspector should pay.
Annette Lawrence , Pal...
Palm Harbor, FL
You bet, the inspector should belly up to the bar and pay
The buyer is liable for damages caused by their inspectors in CA. I'd imagine the buyer would turn to the inspector to fix it.
The inspector's work created the damage, so their insurance should cover that. In our contracts, the Buyer is responsible for making any repairs to damage done during inspections. Buyer will have to go after inspector. However, I would also add that I find it odd attending agent was not aware of this and keeping an eye on the inspector or asking for summary at close of inspection. I would never leave home without run down from inspector, so buyer and I could look at what was discovered/damaged.
In the Florida contract, the buyer is responsible for any damage from an inspection. Though, I agree with you and think that the inspector should be the one paying for this.
Sandy Padula & Norm Pa...
Tell the Home inspector to report the damage to his Liability insuror. In the alternative have the homeowner get a repair estimate and send it to the inspector. Your next step depends upon the response you get.
I also say the inspector and he probably has insurance to cover it.
Invoice the inspector! Any inspector worth their weight would know that over the years the hangers and clips for storm windows become loose and may even be missing in come cases. He should have known to handle the window(s) with kid gloves, especially on an older home. The fact that he didn't immediately notify the owner or agent is inexcusable!
There is not enough information to make a good decision and this should be your brokers responsibility to handle this.
Stuff happens. We all know that. But the owner needs to be made whole.
Of course the inspector is responsible. But to what extent? Read the fine print. There is a limit to the inspectors exposure. That is where 'accountability' becomes incredibly important.
(Example) So what is the replacement value of a 50 year old aluminum storm window whose frame is pitted and scaled by 50 years of exposure to the elements?
This inspector and perhaps the company, if owner not fully restored, should be placed on 'THE LIST." Then be sure to share the experience if they don't make it right.
Assurance of exposure and accountability is what changes behavior.
That's inexcusable! The fact he didn't tell the client immediately is VERY bad. In this case, I think he should buck up.
If it had fallen out as a result of improper installation, had he told them right away, I think it would have been open for discussion and negotiation.
Good luck with that one!
Lyn - Here in Arizona, it specifically states that the buyer is responsible for all damages that occur during a home inspection. With that said, I would imagine that any credible home inspector would own up to breaking something and offer to pay for it.
In AZ Buyer is responsible to Seller (specified in contract) for any repairs needed due to damage caused by inspection. Whether the Inspector has to reimburse the Buyer would depend on the agreement between the Buyer and the Inspector, and would not be anything to do with the Seller.
let us know how it was resolved.
The inspector should pay if the window was in normal operation. If not, another question!
Good Wednesday morning Lyn. It depends. I've had garage doors break when I push the button to open them. Was it my fault? No! It just decided to give up the ghost at that time. It Is company policy to notify all parties involved. Mechanical things break. We do write up an incident report.
Good morning Lyn. It is surprising that the home inspector didn't contact listing and selling agent that the person cause the damage and that the person would pay for the repair.
I would think the inspector would be responsible. My home inspector would absolutely take responsibility.
I definitely feel the inspector is responsible.
See what your state contract says. In ours, the person doing the inspection is responsible for any damage done as a result of that inspection.
I would definitely think the home inspector was responsible.
Definitely give the buyer's agent a call to see what happened, and go from there.
It should have been reported. also, if the seller knew about it he pr she should have notified someone. But I think it should be the inspector
Lyn, this is very good important question.
Definitely the inspector. What were they thinking in not letting you know? A
refer to the purchase agreement. it should say who is responsible. if florida its the buyer.
I would suggest that the home inspector should be responsible but I do enjoy Susan's cartoon, so maybe we should blame the dog.
The inspector is. In CA I think it will cover more than the inspection cost.
In otherwords he will issue the rpt for free.
I think it horrible that the incident wasn't reported but before taking sides I would want to know the particulars Lyn Sims. It seem strange that a window falls out without cause. Was the house vacant?
Typically, the buyer signs an agreement with an inspector for the service so the possible answer might be found there. I do recall one such instance -- and my client hired a no-frills inspector for a bank-owned property and the window broke -- the inspector didn't pay and I made sure the window was replaced. That inspection company was never recommended by me and never will be.
What if the neighborhood kid threw a ball and busted out that window 5 minutes before the inspection?
Was the inspector really screwing with that window?
Just yesterday we had a builder rep scream at our inspector for "damaging" the gutter with his ladder...the inspector was not even on that side of the house and absolutely did not do it.
Unless somone saw the inspector do it, maybe the storm window was staying in place with a hair pin and a gust of wind disturbed it. I remember one time opening a closet and the door fell off...sorry, not my fault (although I did tell the agent)
PS: Don't blame the inspector unless there is proof...and just in Sept there was a window medic painting and fixing the windows? I say it was probably him.
Ultimately the person who contracted with the home inspector. Most purchase contracts spell out that the buyer is responsible for any damage inflicted on the property due to the inspections ordered by the buyer. It is up to the buyer through their agent to pursue compensation from the home inspector.
if the storm window was not already compromised, then it IS the inspector's place to replace it....
If the client witnessed it as well, then the inspector should take full responsibility. I have had agents call me with complaints and no one was even near what was reported
I like the solution offered by Jeff Pearl.