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Seller overwhelmed by picky home inspection

Q. Before listing my home, I hired a home inspector to make sure everything was OK, and I repaired the few problems he found. Now I've got a report from the buyers' home inspector. He reported 28 defects that my experts say are ridiculous.

Here are some of the main ones: the garage door sensors are 1 inch too low; the garage door reverses with 26 pounds of resistance instead of 25 pounds; the hot water is half a degree above 120 degrees; one window screen is missing; there is no tile backsplash at the bathroom sink; the roof has no rain gutters; the redwood deck is rustic rather than finished; the kitchen faucet was reported as leaking, but it does not leak; the dishwasher drain hose was reported to have no high loop, but it does have one; the glass panel on the fireplace was reported as "etched," but it was just dusty; the GFCI outlets were reported as inoperable, but they trip and reset when tested. To make matters worse, he pulled on the exterior siding, causing a board to break, and he stood on a tile countertop, breaking one of the tiles. Now the buyers expect me to make all these repairs. What do you think of this mess?

A. A mess indeed! A few of the items you've mentioned are ones that would be reported by most home inspectors, such as the height of the sensors for the garage door. However, with only an inch of difference, it would have been just as well for the inspector to push them up 1 inch and say nothing more about it. Inspectors typically list missing window screens, but this is not a repair mandate for sellers.

When inspectors fail to disclose minor defects of this kind they can face repair claims from nit-picky buyers after the close of escrow. The same goes for recommending additional rain gutters. This is not an obligation for sellers but is advised by home inspectors as a future upgrade for buyers. Likewise for weathered wood on the exterior. This is not a repair requirement for sellers, but failure to point out the weathering could become a liability claim against the inspector after the close of escrow.

Frivolous claims of this kind are ongoing concerns for home inspectors.

On the other side of the scale, the buyers' home inspector exceeded the scope of a home inspection when he measured the pounds of resistance for the garage door opener and when he measured the hot water temperature. When testing a door opener, what matters is that the door reverses under normal resistance, not whether the resistance is 25 or 26 pounds. Furthermore, to cite water temperature that is half a degree too high is outrageously absurd. The inspector should have turned down the thermostat on the water heater and said nothing more about it.

Under the category of "needless nitpicking" is the lack of a tile backsplash at the sink. A backsplash is preferable but is not required. All that matters is that the countertop is sealed to the wall and that there is no moisture damage.

Under the heading of professional carelessness, an inspector should be absolutely sure before disclosing faulty GFCI outlets, leaking faucets, improperly installed dishwasher hoses and fireplace damage. Disclosing conditions that are not actually faulty undermines the credibility of an inspection report and the reputation of the inspector.

Finally, there is the issue of careless inspection techniques that cause property damage. When damages occur in the course of an inspection, the inspector should notify the property owners immediately and offer to pay for repairs. This is basic ethical behavior for anyone in the inspection business.

At this stage of your transaction, you can offer some concessions to the buyers by making minor repairs such as raising the garage door sensors and cleaning the glass panel on the fireplace. You can also demonstrate that the GFCI outlets are working and that the dishwasher hose is properly looped. If this does not satisfy them, you're probably better off finding other buyers.

• 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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