Q. Before we bought our home, we hired an ASHI certified home inspector. We were with him for most of the inspection, but he didn't spend much time looking at the furnace, and now we have a major problem. The inspection report says the system is "normal," whatever that means, and recommends "routine maintenance and cleaning." When we moved in, we hired a heating contractor to clean and service the unit, as recommended by the inspector. The heating guy removed the cover panel and found large rust holes on the inside. The unit puts out carbon monoxide, so it has to be replaced. All our home inspector did was shine a flashlight into a small opening, without removing the cover panel. When we called him about this, he said, "I told you to have the heater cleaned before closing escrow." But the inspection report says nothing about before the close. Do you think our home inspector was negligent?
A. Inspecting a furnace without removing the cover panels is grossly negligent. It makes as much sense as a podiatrist examining your feet without first removing your shoes. If a home inspector or foot doctor is conducting a diagnosis, visual access is essential.
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If your home inspector is certified by ASHI, the American Society of Home Inspectors, he must comply with ASHI Standards of Practice. According to these standards, "the inspector shall inspect the installed heating equipment." And the definition of "inspect," according to ASHI standards includes "opening readily openable access panels." Therefore, failure to remove the access panels on your furnace was a violation of professional standards.
If the heating contractor was able to see rust damage merely by removing the access panels, then your home inspector should have discovered the damage and should now take responsibility for a substandard inspection. If he recommended cleaning and servicing the furnace prior to close, that recommendation should have been in the written report. Verbal recommendations that differ from the written report are legally invalid.
The next question for you home inspector is, "Do you have errors and omissions insurance?" If not, you might consider small claims court.
Q. We were about to buy an old home until we learned that it has asbestos shingle siding. We've read that this material is safe if it is not damaged, but we're worried about future problems. What do you recommend?
A. Asbestos shingle siding was commonly installed in the 1940s and early 50s. It consists of a material knows as transite, a mixture of cement and asbestos fibers. Transite is not regarded as a significant health hazard because it does not release asbestos fibers into the air unless it is ground into dust with power tools.
If you intend to remove or alter the transite shingles, handling, removal, and disposal should be assigned to a specially licensed professional, and this can be very costly. When you eventually resell the home, the presence of asbestos material must be disclosed, and this can adversely affect the interest of some buyers (just as you were deterred), regardless of the relative safety of the material.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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