The buyer or a personal trusted person, not the agent, should always be at the inspection.

The inspection papers ALWAYS have an "out" for the inspector. Did they not get a pre-closing walk-through?

Never use an inspector referred by your agent, unless you know and trust your agent really well. For the inspector to keep getting referrals from the agent he can't be too hard on a house and risk tanking the sale! Lots of potential for conflict of interest. One of the buyers should have been at the inspection.

The inspector's contract usually limits damages to the cost of the inspection. Period.

They moved several hours away from where they previously lived and were not able to attend the inspection. I believe they had a walk thru a few days before closing but do you expect someone to go over the house with a fine tooth comb especially after it had an inspection?

I guess part of my question is more the moral question of selling with this (cooktop especially) obviously known defect. This is a house in the upper price range for their area sold by two professionals. I would venture to say their realtor knew as well.

If it's an obvious defect, then I don't think the sellers need to disclose it. Otherwise the disclosure statement would be HUGE. Disclosures are for known issues that aren't obvious.

If the sellers hides the defects, that would be different. But just not highlighting them isn't hiding them.

Drapes over windows is not hiding the window. That's where drapes are supposed to be.

Not putting a picture of the stove on their website is not hiding the stove.

Inspections are to find the obvious defects. You could try to go after the inspector but their liability is normally just limited to their fee (read your contract with them).

So the question comes down to whether it's worth the fight to possibly get a couple hundred dollars back.

The cooktop to replace is roughly $1500 plus cost of installation. The burners need to be removed to really see the shatter. I don't feel that every outlet, switch, cabinets, toilet, etc needs to be checked during the purchasing/viewing process.

They realize that probably nothing will be done, they just feel a little taken advantage of especially with an over asking offer.

Does the cooktop work properly? Most contracts will specify that appliances, etc, be in working condition.

Sorry to say, but this is a lesson. They moved several hours away? Next time they buy property, they need to take the time/trouble to be at the inspection and take notes.

Per the GE website, a cook top should not be used if the glass is cracked.

Where we live it is not common to be with the inspector during the inspection. I know it is in some places.

At inspections in my area the buyers, listing agent and buyer's agent all hang around during the inspection. The only people not there are the sellers! If they find something or have a question then the listing agent will text/call the sellers to get instant clarification on any issues/questions.

In my experience professional inspections are largely useless. As mentioned above they always have a clause in their contract preventing any buyer from holding them accountable. As a buyer I've learned to inspect closely myself and I had a trusted contractor evaluate the last home I purchased in addition to the mostly useless inspection. We have always attended the inspection.

Inspectors don't always include appliances as part of inspections. It may also be that the glass was broken between the time of the inspection and the closing.

I'm surprised that the broken seal wasn't noticed, but the reality is that it not that expensive to repair it. A local glass supplier can do it pretty easily. It does not require a new door.

They took a chance not being at the inspection. It will cost them more time and money to prove, probably unsuccessfully, that the sellers knew about these issues. The sellers also may not have known to disclose the broken seal if they lived with it for awhile.

If they weren't at the inspection, their agent or a friend should have been there on their behalf and not just as a babysitter. The two items listed are visually obvious and apparent. There is no bait and switch. The purchaser's had the opportunity to inspect and did so. There is nothing to be done other than chalk it up to a lesson learned. Trust no one. Verify condition yourself.

As a homeowner, I've had my list of surprises after closing. You do the best you can before the sale is complete. My guess is they will have another surprise or two before the month is out. Roofing, HVAC, drainage, plumbing and electrical come to mind. Welcome to adulthood. Sometimes it sucks.

A broken seal is not a major defect. Its a sliding glass door. The house isnt going to fall down. It just means the seal is broken and the sliding glass door is not as energy efficient as it should be. It should have been noted in the inspection report. The cooktop could have been broken after the inspection and before the closing. Who did the final walk thru? This is when this stuff should have been brought up.