When an Illinois Home Inspector Misses a Structural Issue

 Posted on November 29, 2025 in Real Estate

There are few surprises more devastating to an Illinois homebuyer than discovering a major structural or other serious problem after signing the paperwork. This is especially disheartening when the buyer had a full inspection on the home, and the issue was not discovered. Severe foundation issues, sagging rooflines, failing joists, and other defects that were missed during an inspection can result in expensive repairs, not to mention safety concerns.

Home inspectors are regulated under Illinois state law (Illinois Home Inspector License Act 225 ILCS 441), but when they overlook material defects, the buyer may have options. The legal path will depend on the specific contract, licensing requirements, timelines, and proof of professional negligence. If you feel your home inspection was less than thorough and are now left with severe home issues, speaking to a knowledgeable Cook County, IL real estate lawyer can help you determine your next steps.  

Why Are Missed Structural Problems a Risk in Illinois?

The Illinois climate contributes to shifting foundations, driven by clay soil and the freeze-thaw cycle. Any active structural issue can progress rapidly, which is why buyers rely heavily on home inspections before waiving contingencies. Not only can a structural defect cost thousands of dollars to repair, but it can also affect the home's insurability and resale value. Some of the most commonly missed structural problems include:

• Basements with "bowing" walls
• Damaged roof trusses or roof structure
• Sagging floors resulting from load-bearing walls being removed
• Rotted deck supports
• Cracks in the foundation masked by fresh paint
• Termite-damaged framing lumber

Often, the signs of structural or other damage were visible during the home inspection but were misinterpreted, missed, or minimized.

What is the Professional Duty of Home Inspectors?

Home inspectors are required under the Illinois Home Inspector License Act to identify material defects that are visible and accessible during the inspection. Inspectors are not required to open walls or perform any work that could be classified as "engineering." However, they are required to identify potential red flags and accurately document the home's condition. A material defect is anything that affects the safety of the home. A material defect may significantly impact the value of the home, require extensive repairs, or indicate structural damage.  

When Does a Missed Structural Problem Create Liability for the Inspector?

An inspector could be legally responsible if the structural defect was visible at the time of the inspection, or if the inspector failed to document any concerning signs of structural damage. If the inspector provided misleading assurances to the homebuyer or failed to follow the required disclosures or standards of practice, then he or she could be liable. Inspectors must document any limitations, such as a room that was inaccessible. If the inspector failed to meet professional standards, the homebuyer may seek compensation for:

• Structural repair costs
• Engineering assessments
• Temporary living arrangements
• Additional discovery or inspection fees
• Diminished property values

The buyer may also pursue rescission or partial buyback negotiations, particularly if the seller was aware of the structural defects and failed to disclose them. Legal claims may fall under inspector negligence, breach of contract, the Illinois Consumer Fraud and Deceptive Business Practices Act, Violations of the Illinois Home Inspector License Act, or claims against the seller or the realtor. While most home inspection contracts include liability caps, tight filing deadlines, and mandatory arbitration clauses, these limitations are not always enforceable if the inspector engaged in deceptive practices or violated licensing laws.

Contact a DuPage County, IL Residential Real Estate Attorney

If a home inspector missed an active structural problem during your Illinois home inspection, you may have legal options. A skilled Cook County, IL real estate lawyer from Whitacre & Stefanczuk LTD can help you evaluate the defect, determine whether the inspector was negligent, and pursue compensation for costly repairs. Our firm is very communicative; we want our clients to feel comfortable, so we treat them like family. Attorney Stefanczuk is first-generation Polish and is active in the Polish Community.  To schedule your free consultation, call 773-622-6100.