My Ottawa inspector missed a leak, what are my options?

When an inspector misses something and you find a problem after possession, your first step is to go back to the inspection report and see exactly what it says about the area where the leak appeared.

Ontario's consumer protection law is relevant here. Under the Consumer Protection Act, 2002, services supplied under a consumer agreement are deemed to be of a reasonably acceptable quality, and a contract term that tries to take that away is void. That is the statutory floor. Whether a missed leak rises to a breach of that standard, or whether a liability-limitation clause in your inspection contract is enforceable against it, is a question for a lawyer, not this site.

A few things are worth checking before you call anyone:

• What does the report say about the area where the leak is? If the inspector noted it was inaccessible, concealed or covered, that changes the picture. The federal Office of Consumer Affairs says a report is limited to conditions the inspector can see or has access to.
• Does your inspection contract include a limitation clause, such as liability capped at the inspection fee? We found no rule on whether such clauses hold in Ontario; a lawyer can tell you.
• Ontario.ca says a home inspection does not provide warranties or guarantees on a home's condition. That is not the same as saying the inspector has no responsibility at all; it means the report itself is not a warranty.
• Did the inspector carry insurance? Ontario.ca says inspectors are not required by law to have it, although many do have general liability or errors and omissions policies. What any policy means for your situation is a question for your lawyer.
• Ontario.ca's consumer complaint page notes the Ministry may not be able to help with complaints about quality beyond the basic guarantees in consumer protection law, or with complaints older than two years.

On the seller side: if the seller knew about the leak and did not disclose it, that is a separate legal question for a lawyer, not one about the inspection. RECO notes that the Seller Property Information Statement is based only on the seller's personal knowledge, and that sellers may not be aware of defects. Whether a seller knew is something a lawyer would need to assess.

Before you spend money on repairs, get a written quote from the trade who would do the work. The federal Office of Consumer Affairs is clear that a home inspector should not give you estimates of repair or renovation costs, either during the inspection or in the report, so the cost figure needs to come from the contractor, not from revisiting the inspector.

A lawyer who handles real estate matters in Ontario is the right person to look at your inspection contract, the report, and the facts of the leak together and tell you what your realistic options are.