Featuring America's Home Inspector: Nationally Syndicated Columnist, Barry Stone
Defects Overlooked During Final Inspection

Defects Overlooked During Final Inspection

The House Detective:  by Barry Stone, Certified Building Inspector

Dear Barry:  We are buying a brand-new home and were not planning to have a home inspection because the house was just approved by the county building department. Then we read your recent article about inspecting new homes, so we hired a home inspector and got some big surprises. He found two plumbing problems in the crawlspace under the house, three ungrounded outlets in the living room, and a safety violation concerning the furnace in the attic. What I want to know is, how could these defects have been overlooked when the county did their final inspection?  Jason

Dear Jason:  Whenever I begin to inspect a brand-new home, I wonder if this will be the first one where I find no faulty conditions of any kind. So far, no cigar.

So the question is, how do so many defects escape discovery by municipal inspectors? In most cases, incompetency is not the problem. In your situation, involving undiscovered defects in the crawlspace and attic, as well as three ungrounded outlets, the problem does not necessarily involve ineptitude on the part of the county inspector. More likely, it is due to endemic shortcomings with the municipal building inspection process.

Some municipalities may be exceptions to this, but in general, building inspectors do not crawl under houses or through attics. They are not even equipped with ladders or with crawl suits. This means that faulty conditions in those areas of a house are never subject to the final inspection. As a result, any problems with plumbing, wiring, heating, framing, insulation, etc. in those places are never seen during the final inspection and remain as-is when the construction is signed off by the inspector. That is why further inspection by a qualified home inspector is always a good investment.

As for the ungrounded outlets, here is why those were not discovered by the municipal inspector. The power company does not turn on the electrical service to the property until the final inspection has been officially approved. Therefore, the power is off during the final inspection. Without power, there is no way to determine whether outlets are grounded, whether they have correct polarity, or whether any of the electrical fixtures are actually operative.

Home inspections, on the other hand, take place after the utilities are turned on, and unlike municipal inspectors, home inspectors test the functional condition of fixtures and use test devices to determine whether outlets are properly wired.

The main differences between municipal inspections and home inspections are these: Municipal inspections are for code compliance only, and they are limited locations that are accessible by pedestrian means only. Home inspections involve not only compliance with building standards but with quality of workmanship and with functional and safety-related conditions that are outside the scope of the building code. What’s more, home inspectors go where most municipal inspectors are unlikely to go in an entire career: to places that entail crawling in the dirt or through narrow cavernous recesses.

Municipal inspections should be regarded as a preliminary final inspection. Home inspections, when done by a qualified inspector, should be regarded as a “final” final inspection.

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 agent who was buying a high-rise condo. Eight months later, he is suing me because he found fogging between the panes of a large dual-pane window. The controversial window is on the 15th floor, and the cost to replace it is $2,500. The agent had the window replaced before notifying me of the problem, and now he expects me to pay for it. We’re scheduled for small claims court next month, and I’d like some advice in presenting my side of the story to the judge.  Tim

Dear Tim:  Welcome to the enervating world of home inspection and real estate disclosure. Good deeds, as they say, may not go unpunished.

As this is not a legal advice column, I can only counsel you as a layman and a home inspector. Additional advice from an attorney is strongly advised before representing your side of the story in court.

Since you did the inspection as a favor, you probably do not have a signed contract to specify the scope of the inspection or the limits of liability. Nevertheless, here are some effective points that can make a positive difference when presenting your case to the judge:

1)    This was not a paid home inspection but merely a casual walk through, performed as a personal favor, and therefore is not subject to the same standards as a full home inspection.

2)    You inspected the windows, and no evidence of a faulty dual-pane seal was apparent at that time.

3)    The agent also did not see the window defect prior to purchasing the property, indicating that the defect was not apparent or was nonexistent at that time.

4)    The agent is alleging that the window defect pre-existed the purchase of the property, but there is no way for him to prove that such was the case.

5)    It is common knowledge in the home inspection business that fogging between window panes is not always visible, depending upon variations in lighting and temperature.

6)    The eight-month time lapse between purchase of the property and discovery of the window defect indicates that the window seal may have failed after the property was purchased.

7)    You were never given an opportunity to re-inspect the failed window prior to its being replaced. It is common knowledge among real estate agents that home inspectors should be called to re-inspect a defect prior to making repairs.

8)    If the agent appears in court without an expert witness who is a professional home inspector, be sure to point out to the judge that the plaintiff has no expert witness who is qualified to testify regarding the standard of care for a home inspection.

Be sure to practice your presentation of these points, use notes in court so you won’t leave anything out, and spend an hour with an attorney for additional advice on presenting your case.

Home Inspector Afraid To Get Camera Dirty

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:I’m selling my home, and the buyers’ inspection report was hideous!  According to the home inspector, the toilets are loose, but I’ve pushed against them and they don’t budge. The worst part of the inspection report was the list of supposed defects under the building. According to the home inspector, some of the framing is rotted, and dead rats need to be removed. I asked him for photos of these conditions, but he said he didn’t want to get his camera dirty in the crawlspace.  Making matters worse, the buyers’ agent said it was illegal for me to be present during the inspection. And one more thing: the inspector said that debris in the spider webs might be dead carpenter ants. Who knows, maybe I have a cobra living down there, too!  Randy 

Dear Randy:  If the home inspector’s findings are questionable, you should state this in writing to the buyers, and the inspector should have to verify his findings with photos. If he doesn’t want to get his camera dirty, he should place it inside a plastic bag, or perhaps he could borrow your camera. In any event, he should have to show exactly what he saw regarding the foundation, dead rats, carpenter ants, etc. It would also be wise to hire your own home inspector to provide a second opinion of the property’s condition. If the buyers back out of the deal, a second inspection will help to provide disclosure to future buyers.

As for the agent: The idea that it is illegal for you to be in your own home during a home inspection is preposterous. It is your home. You own it, and you have the right to be there any time you want, regardless of home inspections, cobras, or any other circumstances.

Home Inspector Makes Suspicious Mold Disclosure

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  Our home recently fell out of escrow, and the circumstances were very suspicious. The buyers hired a home inspector who reported that we have mold. We were unable to see any mold, but the inspector said it was only visible with a special flashlight. We agreed to remove the mold ourselves, but the buyers said they wanted it done by a professional. Lo and behold, the home inspector was also in that line of work – for a fee of $1500. While we were negotiating this, the buyers cancelled the sale. What do you think of this situation?  Valerie

Dear Valerie:  The fact that the home inspector was ready to remove mold that no one else could see is highly suspect. Furthermore, it is a conflict of interest for a home inspector to perform repair work on a home that he has inspected. To do so violates the codes of ethics of every home inspector association.

The main issue for now is to determine whether you actually have mold in your home and what to disclose to future buyers. To answer the mold question, you should hire a professional mold inspector for an evaluation. If mold is found, you can have a qualified contractor do the remediation. And make sure that the one who does the removal is not the one who did the inspection.

If it turns out that you do not have mold, you can use the mold report for disclosure to future buyers. You can also use the report as evidence if you file an ethics complaint against the home inspector.

 

New Home Inspector Seeks Startup Advice

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:I just completed an 80-hour classroom course in home inspection. Now that I’ve got my certificate, I’m not sure what to do next. What do you suggest?  Randy

Dear Randy: Now that you’ve learned the basics of home inspection, your internship is about to begin. Home inspection is a learn-as-you-go business. The longer you do it, the more you learn and the more proficient you become as a home inspector. And no matter how long you do it, you never learn it all. The problem with the first few years in business is legal and financial liability for defects that you fail to report. Therefore, to spur the learning process, join a local chapter of ASHI or a recognized state association, and participate as much as possible in their educational programs. If possible, find an experienced home inspector who will let you ride along on a few inspections. This is one of the best ways to learn the ropes.