DEAR TIM: My daughter and son-in-law recently purchased an home built in the 1930s. They hired both a general and a termite inspector to discover any and all defects. But two months after moving in, my daughter has discovered wood rot, mold and active termites. The inspectors will refund the inspection fees, but want my daughter to sign a release form that says she and her husband promise not to seek other legal remedies. My daughter and her husband have little money. What should they do now? Joan McN., Dayton, OH

DEAR JOAN: The first thing they should do is forget about signing the release forms. The second thing they need to do is open the phone book and find attorneys who specialize in matters like this. Believe me, this area of law practice has been expanding in the past ten years due to poor workmanship in all aspects of general home construction and inspections.

There is a strong possibility your daughter and son-in-law will find a good attorney who might take this case on a contingency basis. This means the attorney will recover her/his fee once all of the parties reach a settlement. Your daughter and son-in-law may not have to put up any money to move forward to solve this unfortunate situation.

As in any profession, there are superb, good and not-so-good termite and home inspectors. It is possible for the best inspector to make a mistake, but it is rare. Although wood rot, mold and termite activity can be hidden behind walls and under finished floors, the damage sometimes produces visible clues that a well-trained inspector can uncover.

Your daughter needs to realize that these inspectors quite possibly have strong errors and omissions insurance policies that back them up in the event of an oversight or mistake. What your daughter and son-in-law should have done before they hired the inspectors was ask for a certificate of insurance from each inspector. If an inspector can't prove in writing that he has insurance and it is in force, you should never hire him.

A great attorney who has prosecuted cases like this one will have a group of experts who will be able to determine quickly the extent of the errors and how long the defects may have been present. As for the termites, it is possible they invaded the house after the termite inspection, but an expert will be able to judge this by the extent of infestation and damage. The same is true for wood rot. Severe wood rot in the average home that causes significant structural damage does not happen overnight or over a period of two or three months.

The unfortunate aspect of this mess is the slow pace of the legal system. If the inspectors do have insurance, these companies have professional attorneys who know how to push every emotional button on your daughter and son-in-law. Their job is to wear your daughter down and throw every possible blockade and barrier in the way. The attorneys for the insurance company are salaried employees in most cases and they get paid the same money each week no matter how slow the case proceeds. Never forget they are always trying to settle the case for the least amount of money as this strategy is best for the insurance company.

Be sure your daughter and son-in-law spend time selecting the attorney they decide to hire. It is vitally important for them to ask specific questions. Ask for written proof the attorney has successfully prevailed in similar matters. The attorney should be able to provide references just like any other professional. If they can't, refuse to do so or make excuses, then keep looking for a different attorney.

Be sure to ask about realistic time lines. This simply means how long will it take to bring this matter to closure. Often it can take many months and quite possibly one or two years. A great attorney knows this, but she/he also knows how to get guilty parties to cry "Uncle!" as rapidly as possible. Your daughter needs to find that arm-twisting attorney as soon as possible.

For many years, I have been hired as an expert witness in lawsuits concerning defective workmanship. I no longer do it because the work is far too depressing. It was not uncommon for homeowners to vent their anger, frustration and sorrow in my presence when I first arrived to look at the problems. Although understandable and expected, it is not the way one wants to start a day.

The slow pace of the legal process also bothered me. Settlements took many months to hammer out. Those cases that actually went to trial sometimes lasted nearly two years. Nothing happens fast in lawsuits other than your temper flaring from time to time if you are the suffering party.