How to File a Complaint Against a Home Inspector

Did the home inspector you hired to conduct the buyer’s inspection miss identifying some important items that may end up costing you a significant amount of money to fix?  Most homeowners don’t realize that you CAN file a complaint against your Home Inspector, and you CAN also take legal action against them.  

As a result of the home inspector’s negligence or incompetence, now you moved into a home with mold or a bad roof.  If these were issues that the inspector should have spotted and alerted you of their costs and consequences, you may file a complaint against them or file a small claims court lawsuit to recover your damages.  

If the Home Inspector had done their job, the cost of fixing those issues would have been negotiated into the final price of the property, or the seller would have been responsible for fixing them before selling it to you. Either way, their negligence may end up costing you thousands of dollars.   

This article will help guide you through the process of holding a home inspector accountable and help you get the justice you deserve.

We will review the following steps in this article: 

1. Gather all the information and evidence.

2. Contact the home inspector directly.

3. Send a demand letter.

4. Leave reviews on targeted social media platforms and file a complaint with the Better Business Bureau.

5. File a complaint with your state government agency overseeing home inspectors.

6. File a complaint with a professional association.

7. Take them to small claims court.

• Review and understand your home inspector’s contract and reports. Most contracts will outline what the inspector is responsible for and what is excluded. Keep in mind that the judge will be the final interpreter of the contract.

• Make sure you document everything. Keep records of all communications, meetings, and any relevant information. For example, opt for email communication with your home inspector so that all conversions are in writing, as this will be part of your evidence should you need it. 

• Inspection report. Save a copy of the home inspection report.

• Collect photos or videos. These will be valuable evidence of issues that the inspector did not properly address.

Make sure you communicate directly with the home inspector about your concerns. This often clears things up. It is important to note that many home inspectors carry “errors and omissions insurance” that an inspector may use to cover any errors they make.  

Try to communicate your concerns in writing via email to have a record in case you need it as evidence later. Make sure you keep copies of the emails and any texts. If you opted for calling, write down the dates and times of every phone call with notes for each call (for example, “On July 18, 2023, at 11:30 a.m., I called Mr. John Smith to discuss the issues raised, and he said he would get back to me promptly”).  

If communicating via phone or email with the home inspector doesn’t work, consider sending a demand letter. A demand letter is a formal letter that explains what happened and requests that they resolve the problem before you decide to escalate. 

Here are some reasons why you should consider sending a demand letter to your home inspector:

1. A demand letter signals to the home inspector that you are serious about the issue and willing to take action to resolve it. Many problems are resolved by simply sending a demand letter.

2. If you end up filing a small claims lawsuit against the home inspector, the judge in your case may ask if you tried to resolve the problem out of court. By sending a written demand letter, there is a record of your attempt to resolve the problem out of court that you can include in your evidence. 

3. A demand letter will also help you organize your facts and evidence and create a timeline of events. This will help you remain consistent and factual as you go through the steps to resolve your complaint. 

If the home inspector continues to ignore your requests even after you have tried communicating with them, consider also leaving reviews on all review platforms available, like the BBB, Yelp, Trustpilot, and Google. Consumers tend to check reviews when engaging with different businesses and if the home inspector cares about their online reputation, then this may be a powerful avenue of getting your complaint resolved. 

The BBB is a non-profit that serves as an intermediary between home inspectors and consumers. It’s not a government agency and cannot force the home inspectors to resolve a disagreement with you. 

Reasons why some companies respond to BBB complaints 

• If the home inspector is accredited with the BBB and doesn't respond to a BBB complaint, its accreditation may be revoked, and the complaint becomes part of its BBB profile.

• If the home inspector is not accredited with the BBB, the complaint will become part of their BBB profile.

• BBB reviews provide other consumers with confidence when engaging with a home inspector. Home inspectors do not want negative BBB complaints.

How to file a complaint with the Better Business Bureau (BBB):

1. Go to the Better Business Bureau website.

2. Scroll to the bottom of the page and click the button “Start Your Complaint.”

What to Expect Once you Submit your Complaint to the BBB:

• The BBB will forward your complaint to the home inspector within 2 business days.

• The company will be asked to respond within 14 days, and if a response is not received, a second request will be made.

• You will be notified of the company’s response when the BBB receives it (or notified that they received no response).

• Complaints against home inspectors are usually closed within 30 business days.

• BBB may not act on your complaint.  Some users have expressed frustration with the Better Business Bureau (BBB) for not taking action on their complaints. It's important to note that the BBB is not a government agency and does not have legal authority. Its influence comes from the potential impact of lowering a business's rating. If a business doesn't place much importance on its BBB rating, it may not be inclined to address complaints effectively.  Here are some Reddit and Quora threads on the BBB complaint process.

It is important to understand that some state agencies may have the power to take any action. The legislature in each state decides how much enforcement power to give to each state agency. If this is the case in your state, filing a lawsuit is still an option. 

If there is no specific state agency that regulates home inspectors, you may be able to file a complaint with your state’s Attorney General. 

Below are links to resources or state departments where you can file a complaint against a home inspector in each state:

These links will help you access the appropriate channels to file a complaint against a home inspector in each state. When filing your complaint, provide all necessary evidence and details.

If you work for a state regulatory agency and need to update the link in the table above or provide consumers with additional information, please contact us at [email protected]. 

If the inspector is a member of a professional association, like the American Society of Home Inspectors (ASHI) or the International Association of Certified Home Inspectors (InterNACHI), you can file a complaint with them. They have codes of ethics and standards of practice that members must adhere to. 

Depending on how much you believe the home inspector owes you, you may be able to sue in small claims court. The amount you can sue for in small claims court ranges between $2,500 and $25,000 in each state. 

Before Suing in Small Claims Court

1. Licensing. If your state requires home inspectors to be licensed, check if they were actually licensed. If not, gather evidence that they are not licensed. For example, you can take a screenshot of the state licensing agency website search results page.

2. Previous complaints. Check if your state publishes complaints against home inspectors. If it does, check if the home inspector has a history of previous complaints and gather the evidence.

3. Previous lawsuits. Check if your home inspector has been sued before. Most lawsuits come up via a google search. 

4. Arbitration clauses. Review the contract with your home inspector to see if there are any arbitration clauses. If your contract has an arbitration clause, please read it carefully. An arbitration clause may state that you cannot sue in court, but instead need to submit your dispute to arbitration. Arbitration is a private forum (as opposed to a court which is a public forum) and uses private judges. We have noticed that many contracts with an arbitration clause provide an exception for small claims court (which means that you can sue in small claims court), but make sure to read the contract. 

Learn how to sue a home inspector in our 50-state guide to small claims court. 

How do I prepare for the small claims hearing?

Small claims hearings are meant to be quick and informal. 

The secret to winning your case in small claims court is simple: BE PREPARED. Think of every courtroom TV show you’ve seen and remember how upset Judges get when people show up unprepared. You never want to face an angry Judge. That’s why you need to get ready for your small claims hearing.

That’s why, when getting ready for small claims court, you will want to create a trial presentation.  A trial presentation is a document you will take to court to help you present your best case to the Judge. This presentation will show your evidence, argument, and analysis in a way the Judge can easily understand.