Cases Involving Renegotiating House Price After Inspection for Potential Problems
In Dubow v. Dragon, 746 S.W.2d 857 (Tex. App.-Dallas 1988, no writ), the prospective buyers of a home hired an independent inspector to evaluate the home's condition. 746 S.W.2d at 858-59.
The inspection revealed several existing problems and potential problems including the need for foundation repairs. Id.
After receiving the report, the buyers had estimates prepared for correcting the problems and renegotiated the purchase price to lower it by $ 17,500. Id. at 859.
The contract of sale was also modified to include the following language:
After careful inspection of the house, and with professional opinions, we feel that the house will need extensive on-going maintenance because of the site positioning, foundation and drainage. See attached inspection report.
We will take the home as is, WITH ALL CONTINGENCIES REMOVED. Id.
After taking possession of the house, the buyers encountered further problems with the home's foundation and roof and sued the sellers for failing to disclose their knowledge of the home's condition. Id.
Based on the facts presented in Dubow, this Court concluded that "the buyers' 'careful' inspection of the house's condition constituted a new and independent basis for the purchase which intervened and superseded the sellers' alleged wrongful act." Id. at 860.
But the crucial fact in Dubow was not the buyers' procurement of an independent inspection; it was their express and exclusive reliance on the "professional opinions" they received to renegotiate the sales contract that resulted in the sale of the house. Id.; see also O'Hern v. Hogard, 841 S.W.2d 135, 138 (Tex. App.-Houston [14th Dist.] 1992, no writ).