Introduction

This article examines Georgia statutes concerning housing inspections and reporting duties in the context of pre-purchase property evaluations.

Scenario

A home buyer hires a licensed home inspector to evaluate a property on Ridge Avenue in Macon, Georgia, before purchase. The inspector provides a report stating the home is in good condition with only minor issues. After closing, the new owner discovers severe structural damage to load-bearing walls hidden behind paneling. The defect poses immediate safety risks and requires extensive repairs. The inspector’s report made no mention of checking behind wall coverings.

Georgia Law

Building Inspection Requirements

Georgia Code § 8-3-200: “Each local government may, pursuant to this chapter, inspect buildings and housing for compliance with applicable codes and to determine if such buildings and housing are unfit for human habitation or constitute a hazard to the health, safety, or welfare of the occupants or general public.”

Professional Liability

Georgia Code § 51-1-27: “In all cases involving allegations of professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”

Fraud in Real Estate Transactions

Georgia Code § 44-1-2: “Fraud may not be presumed but must be proved except in cases where it is declared by statute to be presumed. Slight circumstances may be sufficient to carry conviction of the existence of a fraudulent intent.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes structural defects missed during a home inspection in Macon, Georgia. Georgia Code § 8-3-200 addresses building inspection authority. Georgia Code § 51-1-27 addresses professional malpractice requirements. These statutes establish the framework for home inspector liability under Georgia law.

FAQ

Q: What authority does Georgia Code § 8-3-200 grant for inspections? A: Georgia Code § 8-3-200 permits governments to “inspect buildings and housing for compliance with applicable codes and to determine if such buildings and housing are unfit for human habitation.”

Q: What does Georgia Code § 51-1-27 require for professional malpractice claims? A: Georgia Code § 51-1-27 requires “an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission.”

Q: How does Georgia Code § 44-1-2 address fraud? A: Georgia Code § 44-1-2 states: “Fraud may not be presumed but must be proved except in cases where it is declared by statute to be presumed.”

Q: Where are building inspection laws found in the Georgia Code? A: Building inspection laws are found in Georgia Code Title 8, Chapter 3.

Q: Does Georgia Code § 51-1-2 apply to home inspectors? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.