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A home inspection is limited to readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies are also excluded from the inspection; equipment, items, and systems will not be moved or dismantled.

If the defect is visible and was not documented in the home inspection, then the inspector could be liable. Read over your inspection agreement and notify the inspector of your concerns.

The fact that your a first time homebuyer is irrelevant. Your best to contact the lawyer who did your deal. Its unlikely you're entitled to any legal recourse. You paid for the inspection, and waived the condition based upon the information you paid for. This is yet another sad story about incompetant home inspectors. They're a dime a dozen today. Do your homework when hiring one in the future.

Every home inspector agreement I've ever seen makes no promises about finding every single flaw. Some states have disclosure laws, which require sellers to list any known defects. If seller knows of a defect but does not disclose it, they can be liable for the repair. The key is being able to prove they had prior knowledge.

Not every home inspector investigates the home thoroughly-- many simply do what is called a Drive-by viewing and file their report with the Escrow agency...need I say more? the only way to get the most for your money is to hire your own inspector and add a bit of grease to his joints.

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Q: As a first time homeowner are you responsible for repair that was not caught by inspection?
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