Featuring America's Home Inspector: Nationally Syndicated Columnist, Barry Stone

Barry Stone

America's Home Inspector: Nationally Syndicated Columnist

Barry StoneKnown today as “America’s House Detective,” Barry advises readers from coast to coast about home inspection and real estate disclosure, providing honest clarity, fresh wit, consumer protection, and even-handed fairness in his responses to real estate questions. Read more.

After moving in, we found undisclosed defects. How could we have prevented this?

What should I do about my asbestos ceiling?

Why does my new roof leak?


Got questions about disclosure or home defects?

Another Case of Undisclosed Defects

Dear Barry:  We bought our home about 6 months ago, and now we are stuck with a bundle of problems that were concealed by the sellers, dismissed by the agent, and overlooked by our home inspector. Unfortunately, our agent was also the listing agent for the sellers, who happen to be her personal friends, and she also selected the person who did our home inspection. The main problem with the house is ground water seepage into the basement. The seller disclosed that there used to be a drainage problem that was corrected, but they provided no documentary proof of the alleged repairs. When we first looked at the property, we noticed a musty smell and pointed this out to the agent. She said, “I’ve been an agent for a long time. This just smells like an old basement, not a moldy one, and I know the difference….” She also persuaded us to buy the property “as-is” so that the sellers would accept our offer. After moving in, we discovered that the basement carpet was wet. When we removed it, we found mold and rot on the baseboards. We have also learned that the sellers hired a contractor to dry out the carpet and repaint the basement before we bought it. The costs to correct the drainage, repair the water damage, and eliminate the mold are very high. What can we do?  Patrick

Dear Patrick:  If you had written to me during the course of the transaction and said, “Dear Barry, We are buying a home that has musty odors, the dual agent (who is a friend of the sellers) says this is not a problem, the agent has chosen our home inspector, and the agent is persuading us to buy the home as-is,” I would have told you the following: “The agent is representing the interests of the sellers only. You need someone to represent you, which means find an agent of your own to help you negotiate.” I would also have advised you to hire your own home inspector, not an inspector who was chosen by an agent with an apparent bias.

Agents know which home inspectors are the most qualified and thorough. An agent who is more interested in the commission check than doing what is right will recommend inspectors who disclose fewer defects. To those agents, the best inspectors are known as “deal killers.”

My advice is two-fold. First, have your home re-inspected by a qualified professional who has many years of experience and a reputation for thoroughness as an inspector. Whether the agent’s home inspector is liable depends on whether there were visible defects that were within the scope of a home inspection, as defined by industry standards. Call several real estate offices and ask who are the most nit-picky inspectors in the area.

Second, get some advice from a real estate attorney regarding your available options for redress against the sellers and the agent for nondisclosure, and against the home inspector for professional negligence. Certified letters on legal stationary should alert all parties that you are very serious about this matter.

 

Archives


Inspection Complaints

Another Case of Undisclosed Defects

Dear Barry:  We bought our home about 6 months ago, and now we are stuck with a bundle of problems that were concealed by the sellers, dismissed by the agent, and overlooked by our home inspector. Unfortunately, our agent was also the listing agent for the sellers,... read more

Technical Issues

How to Maintain Your Septic System

Dear Barry:  We just moved from the big city to the country. So for the first time ever, we have a septic system and have to think about what goes down the drain. The contractor who inspected the septic tank advised us to flush an additive down the toilet once a month... read more

Misc/Other

Home Inspector Goes To Small Claims Court

Home Inspector Goes To Small Claims Court

The House Detective: by Barry Stone, Certified Home Inspector Dear Barry:  I’ve been a home inspector for about two years, so I’m still learning. Unfortunately, I just learned a very hard lesson after doing a free walk-through inspection as a favor for a real estate... read more