Texas Court Reinstates Warranty Claim Alleging Inadequate Inspection by 'Apprentice'

FORT WORTH, Texas - A Texas appellate court on Feb. 24 reinstated breach of warranty claims brought by a homeowner against the inspection firm she accuses of failing to detect water and mold damage prior to her purchase. Head v. U.S. Inspect DFW, Inc., et al., No. 2-03-152-CV (Texas App., 2nd Dist.).

And while the 2nd District Court of Appeal declined to reinstate contract and negligence claims, the court also vacated a $25,861.58 attorneys fee award granted to Affordable Inspections and home inspector John Fox as the prevailing parties.

In 1998, Jacqueline Head, through the FTW Living Trust, hired …