Closed on our house 3 months ago. Just discovered the master bathroom has extensive water damage behind the tile - like totally rotted subfloor and wall framing. The shower pan failed years ago apparently. My inspector never mentioned anything about it. No note about moisture, no recommendation for further evaluation, nothing. The repair estimate is $12,000. Do I have any recourse against the inspector? This feels like something that should have been caught.
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This is frustrating and I'm sorry you're dealing with it. The hard truth is that inspectors can't see behind walls. Unless there were visible signs like soft spots in flooring, staining, musty odors, or moisture readings on the drywall, the damage you're describing would be invisible during a standard inspection.
there were no signs that i noticed either before or after. but isnt it their job to find this stuff? what am i even paying for?
You're paying for a visual inspection of accessible areas at the time of the inspection. Inspectors don't do destructive testing - we can't cut into walls to check. Read your inspection agreement, it almost certainly spells out these limitations. Not saying that makes it easier to accept, but legally and practically, this is likely not something actionable.
To have recourse against an inspector you generally need to prove negligence - that they failed to identify something a competent inspector would have caught using standard inspection methods. Hidden damage behind intact tile is extremely difficult to detect without moisture meters on every surface, which isn't standard practice. You'd need an expert witness to testify the inspector deviated from industry standards.
so basically I'm stuck with this. what about the seller? they had to have known
We had something similar happen - inspector missed serious termite damage in the attic because there was blown insulation covering it. I was furious. Consulted a lawyer who basically said the same things mentioned here. Ended up eating the cost. Now I see why some people hire two inspectors or specialists for older homes.
Before you spend 12k, get multiple quotes. Bathroom water damage repairs are often quoted high because contractors assume you want everything upgraded. If the framing is solid and only the subfloor needs replacing, you might be looking at half that. And DIY demo saves a lot on labor if you're willing.