Bad auto inspection/negligence by subcontractor

Tireman22

New Member
Jurisdiction
Indiana
Hello all! I am hoping this community can give me some advice.

I was in the market for a vehicle. I found a potential vehicle to purchase a few states away, in Virginia, and hired an inspection company called "The Lemonsquad" to inspect the vehicle and provide a full report of the cosmetic and mechanical condition. This is commonly known as a pre-purchase inspection.

The company is a third party and uses sub-contractors to perform the inspections. When you agree to the service, you sign an agreement that is full of exculpatory clauses that prevents them from being liable from anything more than the cost of the inspection.

The inspection was performed and I received the report. It portrayed the vehicle as being satisfactory for the price and what I was looking for and I purchased, via a wire transfer, and made arrangements to pick the vehicle up.

When I picked the vehicle up, it was nothing like what was portrayed in the report. There were many safety issues; including structural rust damage to the frame. The vehicle's cosmetic and mechanical damage were completely neglected to be shown accurately in the report.

I contacted The Lemonsquad, sent them a description of the issues with photo and video evidence. They immediately refunded my service amount. I asked for the inspector's information because I told them I would be pursuing this individual in civil, small claims court, and they are refusing to provide.

So, my question is where do I go from here? Do I even have a case? The neglected to report damages to the vehicle are about $10,000. I was an automotive inspector at one point in my career and I can attest that this was egregious neglect on the inspector's part.

Any help/advice would be greatly appreciated.
 
Why do you believe that you have a claim against the actual inspector?
 
Why do you believe that you have a claim against the actual inspector?


I don't know the technical terms, but potentially some form of negligence. He was paid to do a job and provide an accurate assessment of the vehicle condition. A large part of the inspection has to do with safety items. He failed to do that job accurately and it led to a vehicle being purchased that is dangerous and bought under false pretenses.
 
I have read these, which is why I know I cant go after them for any more than the cost of inspection; which they have already refunded.
 
You didn't hire him...you hired Lemon Squad.

#3 and #5 in their terms pretty much sink you.
 
You didn't hire him...you hired Lemon Squad.

#3 and #5 in their terms pretty much sink you.

I agree if the report was accurate for #3; but, my issue was that it was not. Things specifically stated as "Great or in good condtion" were blatantly not.

For #5 the conditions were perfect and noted in the report as such.
 
BTW, Im not "arguing" with anyone, just posting some insights and clarifications. I really need the help and i dont "know it all" like it may come across.
 
When you agree to the service, you sign an agreement that is full of exculpatory clauses that prevents them from being liable from anything more than the cost of the inspection.

I'm just going to park this here because it will become important.

So, my question is where do I go from here?

That's for you to decide. However, if what you're really asking is how you can ascertain the identity of the inspector, you could sue the entity with which you contracted and seek discovery regarding the inspector's identity. Or you could file a "John Doe lawsuit" and serve a subpoena on the entity with which you contracted.

Do I even have a case?

No one who hasn't reviewed your contract and all of the relevant evidence can opine intelligently about this.
 
I agree if the report was accurate for #3; but, my issue was that it was not. Things specifically stated as "Great or in good condtion" were blatantly not.
3. Inspection Is Not An Insurance Policy or Warranty An inspection does not act as a warranty or as an insurance policy for any vehicle. You acknowledge and agree that if you purchase any vehicle inspected by Lemon Squad, you are fully responsible for all costs for repairs and maintenance on your vehicle, whether or not covered by any other insurance policy or warranty. You acknowledge and agree that the decision to purchase any vehicle remains your own responsibility and that you are responsible for determining whether a vehicle is under warranty or properly insured.

For #5 the conditions were perfect and noted in the report as such.
That should have been #4:
4. Vehicle Remains "As Is" Because the vehicle being inspected is a "used" vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an "as is" condition, unless otherwise warranted by the seller. Because a vehicle's condition may change between the time the inspection is conducted and the actual purchase of the vehicle, we recommend having the inspection completed as close in time to the purchase as possible. The Lemon Squad report is not a substitute for any safety or emissions inspection that may be required by applicable state laws. You acknowledge and agree that the Lemon Squad inspection does create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the Lemon Squad report, is limited to any warranty the seller may offer.
 
Let me state it quite clearly: You did not enter into a contract with the inspector.
 
A reasonable person would likely avoid doing business with any entity using the moniker "The Lemon Squad".

Good luck, mate.
 
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