Recovery of monetary damages for failing to report a defect is most likely classified as?

The classification of recovery of monetary damages for failing to report a defect as negligent misrepresentation is rooted in the idea that an inspector has a duty to provide accurate and truthful information about the condition of a property. When a home inspector fails to disclose a defect that they should have identified and reported, it can be seen as making a false representation about the property's state.

Negligent misrepresentation specifically pertains to situations where an individual or entity provides information that is false or misleading, without intent to deceive, but where they lack reasonable grounds for believing that the information is true. In the context of a home inspection, if a defect exists and the inspector does not report it due to a lack of reasonable care or knowledge, they can be held liable for negligent misrepresentation.

This contrasts with gross negligence, which involves a more severe lack of care; ordinary negligence, which is a breach of duty that causes harm but does not involve misrepresentation; and fraud, which does involve intent to deceive. Here, the key focus is on the obligation to provide accurate information about defects, which falls under negligent misrepresentation.