Title insurance protects the title. Nothing more nothing less. This isn't a title issue.

Why is everyone on this country so quick to want to sue? It is ruining our society. The fact is the house DID NOT suffer any significant harm from the defect. Had that happened, it would be a different discussion. Life is risk, we are at risk every minute of the day and there is not some god given right to be compensated for that risk at every turn.

We don't know the full story nor do we have full pictures or a personal review of the house. We also know it is a 21 year old house. To my eye it looks like a builder defect, no one came in and removed a chimney. We know that the builder and all the city code enforcement people missed this. We know two inspectors recently missed it. Depending on how many times it has been sold multiple others might have as well. What in our society makes it not only all right but common practice to try to gain a personal windfall over something that "MIGHT" have been terrible.

As a professional inspector and person, I absolutely think that the defect should have been found. The fact that so many professionals apparently missed it over the years makes me wonder. Would love to personally look at the house to see. Love to think I would have found it on an inspection, but I cannot say that for sure.

Yes, the OP may have chosen not to buy the house. But more than likely he would have still wanted the house and wanted the problem negotiated and fixed. Only he knows that.

I absolutely think that the inspector should have some liability here - more than just his fee as the limited liability clause will say, unless there is something weird that truly hides this issue unless you crawl back in a hard part of the attic. It may not be his fault, but he was the last one in. By what reasonable thought process other than greed and enriching lawyers and continuing to ruin this country does that translate to suing for some arbitrary large amount of money? Why is going back to everyone that ever touched that house and suing them even remotely considered a reasonable course of action?

Rant over. Done looking at this thread.

I can tell you with 100% certainty that if that fireplace was used as originally intended for wood burning, that house would burn to the ground. Not if, but when.

I worked for a company that installed 15,000+ units like this, every year. I ran point on all legal matters and testified in numerous fire lawsuits on behalf of the company. Every fire caused by a wood burning unit was due to a disconnected flue pipe in an attic space or combustible material placed too close to the face of the unit.

The main ceiling joist is damaged and theirs no telling to what extent. I feel terrible for OP. This is a multiple thousands of dollars liability that he must fix.

Absolute said:

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Title insurance protects the title. Nothing more nothing less. This isn't a title issue.

Why is everyone on this country so quick to want to sue? It is ruining our society. The fact is the house DID NOT suffer any significant harm from the defect. Had that happened, it would be a different discussion. Life is risk, we are at risk every minute of the day and there is not some god given right to be compensated for that risk at every turn.

We don't know the full story nor do we have full pictures or a personal review of the house. We also know it is a 21 year old house. To my eye it looks like a builder defect, no one came in and removed a chimney. We know that the builder and all the city code enforcement people missed this. We know two inspectors recently missed it. Depending on how many times it has been sold multiple others might have as well. What in our society makes it not only all right but common practice to try to gain a personal windfall over something that "MIGHT" have been terrible.

As a professional inspector and person, I absolutely think that the defect should have been found. The fact that so many professionals apparently missed it over the years makes me wonder. Would love to personally look at the house to see. Love to think I would have found it on an inspection, but I cannot say that for sure.

Yes, the OP may have chosen not to buy the house. But more than likely he would have still wanted the house and wanted the problem negotiated and fixed. Only he knows that.

I absolutely think that the inspector should have some liability here - more than just his fee as the limited liability clause will say, unless there is something weird that truly hides this issue unless you crawl back in a hard part of the attic. It may not be his fault, but he was the last one in. By what reasonable thought process other than greed and enriching lawyers and continuing to ruin this country does that translate to suing for some arbitrary large amount of money? Why is going back to everyone that ever touched that house and suing them even remotely considered a reasonable course of action?

Rant over. Done looking at this thread.

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I don't think anyone is looking for a windfall here just to have some extra money for kicks and grins. They are looking to have the house repaired and not be out any money to have it done.

Absolute said:

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Why is everyone on this country so quick to want to sue?

As a professional inspector and person, I absolutely think that the defect should have been found.

I absolutely think that the inspector should have some liability here - more than just his fee as the limited liability clause will say, unless there is something weird that truly hides this issue unless you crawl back in a hard part of the attic. It may not be his fault, but he was the last one in. By what reasonable thought process other than greed and enriching lawyers and continuing to ruin this country does that translate to suing for some arbitrary large amount of money?

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You literally answered your own question.

• This isn't an easy or cheap fix.
• There's structural issues and damage from bad construction
• People write clauses that say they aren't responsible even though the reason you hire them is to ensure this kind of life threatening, expensive issues doesn't happen
• I'd be up at night knowing one wood fire would have burned down the house
• I'd be up at night knowing any fire would have been dumping hot gasses into the attic and potentially harming my family.
• And even if somehow by the grace of God the builder or inspector or previous home owner make this right (even if threat means litigation) I'd be worried sick what else in the house was a complete safety liability like this.

I hate lawsuits and our litigious society. But this is the perfect example of a situation in which it's justified. Because all the people who built that, wrongly disclosed, and failed to do their job to inspect before closing are going to try and pass the buck.

Are you sure this isn't a feature to keep your pipes from freezing during the next Snowpocalypse?