QUESTION
Do I have to pay fines if the home inspector did not send a report in on time?
Asked on Sep 14th, 2015 on Landlord and Tenant Law - California
More details to this question:
I called a Home Inspector to inspect our home in the 10-Day deadline that we had to change our mind about purchasing a home. He came out on Day7 and said we would receive the report on Day8. He sent an email saying that it would be sent later on Day8, but it was not. On Day9 I sent an email saying that I had not received it and was worried that I would not get it in time, clearly stating that this was Day9 of 10. On Day11 I not only never received a response back (when other responses were always immediate), but I still did not have the report. I sent an email saying to forget about finishing the report because it was now useless to me. I received an email not a few hours later saying that it had indeed been sent on Day8 and that I was just trying to get out of paying him. He said to check my junk mail that it might have gone into there. That was the response that I should have gotten on Day9 when I was still within the deadline. My junk mail does not have the report. Do I have to pay? I've tried emailing him several times. He always responded quickly. But come Day9 I never got a response to the email I'd sent saying that I still did not have the report. I sent an email on Day11 saying to forget about it, that it was too late, only then did he contact me saying it was sent on Day8 and that I should check Junk mail...which I did and it's not in there. This report is useless to me now that my 10-Days are up. I have not received the report, and no effort was made on his part to correct this on time. He says the report will age and accumulate interest, but I don't want the report, nor do I even have it! I never signed a contract with this man. Do I have to pay?
1 ANSWER
You had an oral contract with him which is as sufficient as a written one. Since it was clear that you needed the report by no later than the 9th, he breached a material portion of the contract speed was of the essence so the report is of little or no value to you. A you told him on the 9th that you had not received it but he wanted until the 11th to tell you it had been sent, he still appears to be in breach. There is no apparent reason his report should have gone into your junk mail; has he provided any proof that he actually sent the e-mail [would be very easy for him to prove that] Tell him he is fully in breach, that had he responded on the 9th to your e-mail he might not be in breach but even then it is questionable since you would have to read the report and decide whether to do through with the purchase so even getting it on the 9th might have been too late [how were you supposed to withdraw on the 10th day-mail sufficient or did it have to be by postmarked letter?]. Why did he not re-send the e-mail to you if he thought it had gone to your junk mail? Tell him you want a copy of the report to see if a) it meet the terms of what was required or was defective on its face, and b) had you received it timely if it would have resulted in your cancelling the purchase perhaps he owes you damages [he may argue you could have asked for additional time]. Tell him you are not paying because he breached a material element of the contractual agreement that rendered the report worthless so legally you owe him nothing. Put that in a certified letter and an e-mail. Warn him that if he lies about what happened it is defamation and you can sue him. You might also want to put a negative comment [but sticking exactly to what you can prove] on his web site and tell your realtor what happened so that she/he does not recommend him to others. Then, unless he agrees in writing not to sue, you have to wait the two years he has to sue on an oral contract to see if he will take you to court. You can counter sue for any damages you actually experience.
Answered on Sep 15th, 2015 at 7:05 PM