Buyers denied choice of home inspector
Q. When we sold our home, the buyers' home inspector did such a good job that we decided to hire him for the house we are buying. Three days before the inspection was scheduled to happen, the agent called to say we had to use the sellers' home inspector. Since we are paying for the inspection, shouldn't we be able to use whichever inspector we choose?
A. This is not a good situation, and you definitely have the right to the home inspector of your choice. The demand this agent has placed on you appears to be entirely unethical. What's more, it is a foolish move because it exposes the agent to financial liability. If the inspector who has been foisted upon you fails to disclose any significant defects in the property, your agent will be in a very uncomfortable position.
The purpose of the discovery process in a real estate transaction is to enable you to learn as much as possible about the property you are buying. The costs for conducting this discovery are yours, so the choice of inspectors and other experts should be yours as well.
Rather than accepting the agent's home inspector, it might be time to find another agent, someone more inclined to represent your interests. If the same agent is representing both you and the sellers, the problem could be a simple conflict of interest. It would be interesting to know what your home inspector may think about this.
My advice is to stick to your guns and insist on having your own inspector.
Q. The building department says one of my bedrooms is not legal because it has an armoire rather than a framed-in closet. A framed closet will reduce the size of the room, but discounting the bedroom will reduce the value of the house. Now that I'm selling, I'm not sure what to do. What is your advice?
A. The building code has never required a built-in closet in a bedroom. An armoire has always been a legal option because that was the traditional provision for bedroom closets long before there were codes. If someone tells you otherwise, ask them to show you that requirement in the code book. Unless that is a local requirement in your municipality, they won't be able to show you the code because it simply is not there.
Q. My garage gets very hot in the summertime. I'm thinking of installing a ceiling fan, like the one in my bedroom. Do you think this will help?
A. The fan will move the air around, which should give some relief from the heat, but it probably won't lower the temperature inside the garage. The best solution is to install insulation in the ceiling and to make sure the garage attic is adequately vented. This will minimize the heat gain from sun exposure on the garage roof inside the garage.
• 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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