Negligent Home Inspection?
Buying a home is one of the biggest investments you’ll ever make, and a thorough home inspection is critical to protecting that investment. But what happens when an inspection is negligent? Ohio law has specific rules that impact your rights and remedies. Below is a clear overview of what this means for homeowners.
Beginning July 1, 2021, any residential home inspection performed in Ohio must be performed by licensed home inspectors. Until this time, Home inspectors were subject only to the vague and often unenforceable requirements of the American Society of Home Inspectors.
Instead, home inspectors must now be licensed pursuant to R.C. 4764.02. Conducting a home inspection without a license is now a criminal act.
What Does This Mean for Homeowners?
The act does put some limitations on the ability to sue home inspectors for negligent inspections. If the home inspector is licensed, a homeowner only has one year to sue the inspector for the alleged negligence. The homeowner has to give the inspector an opportunity to review and remedy the alleged deficiencies before suing as well.
The big win here for homeowners, though, is the creation of the Home Inspection Recovery Fund. If you are able to obtain a judgment against a licensed home inspector, you may apply for payment to the fund rather than going through the arduous task of collecting against the inspector.
Finally, if the inspector was NOT licensed when they conducted the inspection after July 1, 2021, and they were negligent in their inspection, a homeowner may bring a claim against them for fraud if they represented that they were licensed when they were not.
Conclusion
Ohio’s licensing requirements and the Home Inspection Recovery Fund provide important protections for homeowners—but they also impose strict timelines and procedures. If you believe your home inspection was negligent, don’t wait. Understanding your rights early can make all the difference.
Book a paid consultation now or contact our office to see how we can help.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article is provided for informational purposes only and is intended as a general guideline. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
