How and when to complain to your home inspector
Q. Since we bought our home, there have been problems that were overlooked by our home inspector. We relied on our inspector to let us know if anything was wrong. Where do we go from here? Should we just call him and complain?
A. Most home inspectors - the good ones, that is - expect buyers to let them know when problems are found after the close of escrow. Some inspectors make it a point to encourage clients to call if and when concerns develop. Inspectors refer to these events as "call backs" and regard them as a normal and occasional part of doing business.
Of the many kinds of problems that can turn up after buying a home, some may be the responsibility of the inspector, but others may not. If an undisclosed property defect is within the scope of a home inspection and was visible and accessible at the time of the inspection, a competent inspector will usually arrange to have it corrected. If the problem involves major expense, the inspector might have to file an "errors and omissions" insurance claim. On the other hand, if a problem is outside the scope of a home inspection or was concealed from view at the time of the inspection, repairs would not be the inspector's responsibility.
In light of these standards, you should bring your concerns to the attention of your inspector and request a meeting to review the specific problems. If the inspector is unresponsive, methods of recourse vary from mediation and arbitration to litigation and frustration. Hopefully, these final choices will not be necessary.
Q. This may be your easiest question for the day. We are buying a home, and our home inspector reported that the screen is torn on the patio door. By law, does this have to be fixed? Also by law, does every window and sliding glass door have to have a screen?
A. There is no law requiring repair or replacement of damaged screens on doors or windows, nor is there any requirement that screens even be installed. Screens are there as a standard amenity to keep insects from entering open windows and doors, but there is no mandate that they be installed.
Unless your purchase contract specifies repairs for minor defects, you'll have to accept such problems "as-is" and correct them after you move in.
In general, conditions of this kind should not become the main focus of a home inspection. Home inspectors often point out minor maintenance items for future attention. Of greater importance when reviewing an inspection report are conditions involving the functionality of built-in fixtures such as lights, faucets and heating appliances, as well as safety-related issues such as smoke alarms, swimming pool fencing, gas piping and fireplaces. Insistence on minor maintenance repairs can generate bad feelings in a real estate transaction and may even cause the deal to fall out of escrow.
• 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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