Advocating sellers have pre-listing inspection

Q. We're planning to put our home on the market but are not in agreement about hiring a home inspector. I believe we should know every possible issue prior to listing the property, while my husband believes that doing so increases the number of defects we will have to disclose. Do you see pre-listing home inspections as an advantage or a disadvantage for sellers?

Sheila

A. The subject of pre-sale home inspections for sellers has been addressed from time to time in this column because so few sellers are aware of the advantages of hiring their own home inspector. Basically, there are four compelling reasons for sellers to have their home inspected prior to listing it for sale:

• When you present an inspection report to prospective buyers at the outset of the deal, it eliminates the need to renegotiate after the buyers hire their own home inspector.In most transactions, the entire deal is contingent on the buyers' acceptance of their home inspector's report. A thorough report by your own inspector reduces the likelihood of new findings by the buyers' inspector.

• Providing an inspection report to buyers promotes an atmosphere of trust. It indicates to buyers that you, the sellers, have nothing to hide and are willing to disclose everything.

• If an undisclosed defect is discovered after you sell the property, you are less likely to be suspected of having concealed the problem intentionally, especially if you hired a home inspector with a reputation for thoroughness.

• A presale inspection enables you to transact an as-is sale, while still meeting your obligation to provide disclosure. You simply state that you are not intending to make repairs but are providing, instead, a complete list of conditions that warrant repair.

Presale home inspections provide strong advantages for sellers, yet few sellers exercise the option or are even aware of it as a consideration. In today's buyers' market, sellers need to take this proactive approach to disclosure.

Q. We purchased a new home, and just before the 10 year warranty was up, a leak developed in the upstairs bathtub drain. The homebuilder came out, opened up the ceiling below the tub, repaired the leaking pipe, patched the ceiling, and all was well for about two years. Now the leaking has returned and, once again, there is a wet stain on the ceiling. Since the 10-year warranty has now expired, are we on our own with this problem, or is the builder still responsible?

Brian

A. At this point, the builder may be willing to make the repair as a matter of good will, but he may no longer be obligated to do so unless it can be shown that the repair he did two years ago was done incorrectly or that the new leak is the result of an original construction defect. To answer these questions, an observation hole should be cut into the ceiling to see exactly where the leak is occurring. The plumbing repair itself may not be expensive, but that will need to be determined by a licensed plumber. Regardless of who pays for the repair work, an openable access hatch should be installed below the bathtub plumbing so that future repairs in that location will not involve ceiling repairs as well.

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