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Home inspector missed electrical defects

Q. When I purchased my home, I hired a home inspector. The only electrical problem he found was a charred wire in the fuse box. After moving in, I noticed that the lights kept dimming, so I called an electrician. He said the panel was very old, that the charred wire was actually burned through, and that some of the fuses were connected to more than one circuit, a condition he called "double tapping."

Now I need to install a new breaker panel for a whole lot of money. So I called the home inspector. He said he does not take things apart and inspect the inner workings. If that's so, then how did he see the charred wire? What do you think I should do?

A. It is the standard of practice for home inspectors to remove the inside cover on every electrical panel to enable inspection of the internal components. As you pointed out, your inspector apparently did this, or he would not have disclosed the charred wire. Therefore, he was in a position to see the other electrical defects and should have disclosed them.

Even if he only disclosed the charred wire, his recommendation should have been evaluation and repair by a licensed electrician, prior to close of escrow. Had he given you that advice, the remaining defects could have been discovered by the electrician before you took possession of the property. If he did not provide full disclosure of the panel defects and did not make the proper recommendation for the charred wire, then he should take some responsibility for lack of disclosure.

On the other hand, if he did disclose further evaluation by a licensed electrician, it would have been your responsibility to follow that recommendation. In that case, failure to have followed the inspector's advice would place the liability back in your court.

If by these standards the home inspector remains liable, be sure to take photos of the electrical defects before having them repaired. This will enable you to prove your cased if you file a claim against the inspector.

Q. I have a room that has no outside window because it is surrounded by other rooms in my home. I would like to turn it into a bedroom, but I need direct egress to the exterior. The only option I can think of is an openable skylight with a stairway or an attached ladder. Does this sound feasible?

A. There is no way to make this situation comply with the strict letter of the code. A legal bedroom must have an openable window to the exterior to provide light, ventilation and emergency escape. The window must meet specified size requirements and must be no higher than 44 inches above the floor. A room that has no exterior wall has no way of meeting these requirements.

You can check with the building department to see if there is any possible exception. The chances are slim to none, but you've got nothing to lose by asking.

• 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.

© 2016, Action Coast Publishing

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