David Martel wrote:
Ransley,

I think you need to sue for some type of damages in small claims. A
section of vent pipe is not worth suing over. The OP alleges no damage
caused by condensation. Why go to court?

Dave M.


The damage claim could be that had the inspector found it, then the
buyer would have made the seller fix it or give a credit prior to
closing. However, as I said in previous post, every inspection
contract I've seen has pretty good protection for the inspector and
limits damage. You'd likely have to prove gross negligence to win and
that ain;t easy.

And back to the issue of damages, even proving the above is not a slam
dunk. For example, if the buyer bought the house without having some
other items fixed that the inspector did find, or receiving a credit
for same, then the inspector could argue that it was likely the same
thing would have happened with the vent issue. In other words, as you
pointed out, there may have been no actual damages.