Can I sue a septic inspection company for an erroneous report?

Business 3 views 2 answers
I purchased a home in 2008. In addition to a home inspection, I had a separate septic inspection. During a routine maintenance pumping 3 years later, it was discovered that I do not have a drainage pipe, distribution field or leach field. There is an inlet pipe and baffle. My inspection report clearly notes inlet and outlet baffles, distribution field (gravel) was penetrated as well as leach field and all was found to be satisfactory. How this can be that I was given a passing report on components of a system that do not even exist?? I have a pipe and inlet baffle going into a septic tank but nothing else. The water has just been going directly into the ground through a hole in the other side of the tank since 1958!

Attorney Answers

2
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
That depends on the exact language used in our contract with the inspection company. Inpsectors aren't insurers, and they usually disclaim liability in their contracts. But they can't successfully disclaim everything by contract, and would still be liable for breach and for negligence, in some instances. See a construction/real estate lawyer in your area to get your specific contract reviewed.
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Lawrence Kroll ·
You need to speak with an attorney immediately. There are questions of negligence and breach of contract, but as my colleague noted, the inspection contract you entered into with the inspector might have language to insulate him from liability. There might be issues regarding what the original home owner knew or should have known as well. If negligence was involved, the two year statute of limitations may have already passed.
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