Buying a home or commercial property is one of the most significant financial decisions you will ever make. Pre-purchase building and pest inspection reports play a critical role in that decision, giving buyers insight into the true condition of a property. When inspectors fail in their duty to identify or disclose significant defects, the consequences can be devastating.

We provide expert legal advice in relation to claims against building and pest inspectors in Perth and throughout Western Australia. If you have suffered financial loss due to an inadequate or misleading inspection report, we can help you hold the responsible parties accountable and pursue compensation.

When Can You Make a Claim?

Not every mistake or omission by a building inspector will amount to a claim. However, if an inspector has failed to carry out their duties with reasonable care, skill and diligence, causing you to suffer loss as a result, you may have a valid claim in:

• Negligence
• Breach of Contract

Common Examples of Inspector Negligence Include:

• Failing to detect major structural or pest-related defects
• Downplaying or misclassifying serious issues
• Not recommending specialist inspections when necessary
• Performing inspections that do not meet Australian Standard 4349
• Ignoring potential conflicts of interest
• Issuing vague or incomplete reports

What You Need to Prove

Generally, to succeed in a claim for negligence, you need to establish the following four elements:

1. Duty of Care – The inspector owed you a legal duty to carry out the inspection competently.
2. Breach of Duty – The inspector failed to meet the standard expected of a competent professional.
3. Causation – You relied on the report and suffered loss as a direct result of the inspector’s negligence.
4. Loss or Damage – This may include rectification costs, diminished property value, or the loss of opportunity to renegotiate or withdraw from the sale.

The Role of Australian Standards

The Australian Standard 4349 sets out the benchmark for how inspections should be conducted. It requires inspectors to:

• Perform a thorough visual assessment of accessible areas
• Identify major defects and safety hazards
• Report on the general condition of the property
• Disclose limitations and recommend further inspections when necessary

While compliance with this standard is not mandatory in all circumstances, inspectors often claim compliance with it in advertising or include compliance as a term in their agreements. When they fall short of this standard, that can support a claim of negligence or breach of contract.

Legal Remedies Available

If you’ve purchased a property in reliance on a substandard inspection report, you may be entitled to compensation for:

• The cost of repairing defects
• The diminished value of the property
• The loss of opportunity to withdraw from the purchase or negotiate a lower price
• Legal costs associated with resolving the issue

Depending on the facts, claims may be brought against the individual inspector, the inspection company, or both.

Don’t Delay – Time Limits Apply

Claims for negligence or breach of contract are generally subject to a six-year limitation period from the date the cause of action accrued. If you miss this deadline, you could lose your right to compensation.

Why Choose Us?

Vogt Legal has extensive experience in resolving claims against negligent building and pest inspectors. We understand how frustrating and costly these situations can be and we are here to make the legal process as straightforward and stress-free as possible by:

• Offering expert legal advice regarding claims against building and pest inspectors.
• Engaging high-quality and trustworthy experts to provide reliable evidence in support of your claim.
• Providing strong advocacy in a range of jurisdictions, based on your needs, including the Magistrates Court, District Court or the Supreme Court.
• Negotiating with the opposing party to resolve your matter quickly, with the aim of reaching a settlement before initiating any formal legal proceedings.

If you’ve discovered building defects or pest damage that should have been picked up in your inspection report, please contact us for a free initial phone consultation.