Five errors claimed against home inspector
Q: When we purchased our property, the home inspection report was professional in appearance but not very accurate in its findings. In fact, five important defects were not disclosed.
1.) No one told us the roof leaks. We asked why the living room ceiling was patched, but the seller said this had nothing to do with a leak. That patch turned out to be exactly where the leaking occurs.
2.) The inspector charged an additional $50 to inspect the spa. He reported it as OK, but it leaks and is inoperative.
3.) The dishwasher drain squirts water all over the countertop. The home inspector said this was normal, but we had to have the dishwasher replaced.
4.) The kitchen vent hood cannot be used because we get shocked when we touch it.
5.) One of the windows leaks when it rains.
Shouldn't our Realtor have recommended a better home inspector?
A: There are wide-ranging levels of competence among home inspectors. Determining which inspectors are truly qualified is not always easy. Real estate agents usually know who the most thorough inspectors are, and some routinely recommend the best ones. Unfortunately, some do not.
Regarding the five defects you listed, your inspector was at fault in some instances, but not necessarily in others. Let's review them in order.
1.) In most cases, roof leaks can be anticipated on the basis of observable roof defects and conditions that indicate past leakage (such as a patched ceiling or stains in the attic). Where such evidence is apparent, prudent home inspectors recommend further evaluation by a licensed roofing contractor. Failure to do so exposes an inspector to financial liability. The sellers in your case were apparently dishonest in their disclosure regarding the ceiling repair. That was a violation of state disclosure laws, which makes them legally and financially liable as well.
2.) If the inspector charged an additional fee to inspect the spa, he should have operated it and checked for visible defects. If the unit was leaking at the time, that condition should have been disclosed. If the inspector failed to report visible defects, such as inoperability, he should be liable for repairs.
3.) If the dishwasher squirted water onto the countertop, the problem was most likely a clogged hose between the airgap and the sink drain. Though a fairly common problem, the inspector should not have reported this as being "normal." However, unclogging a drain hose is a minor repair. If someone convinced you to buy a new dishwasher on the basis of a clogged hose, you were misled.
4.) If the range hood had an electrical problem that caused shock to the user, that would only have been noticed if someone had touched the fixture while simultaneously touching a grounded object, such as the range. It is possible the inspector was not grounded when he tested the hood (assuming he tested it at all). Therefore, liability is uncertain.
5.) Home inspectors routinely inspect window sills for evidence of past leakage. If the sills at your leaky windows show signs of previous moisture and this was not disclosed by your inspector, then he was probably negligent in this aspect of the inspection and should be liable for repairs.
When defects of these kinds are discovered after the purchase, it is important you notify the inspector immediately and request reinspection of problem areas. Failure to do this can relieve the inspector of liability in some cases. Once a problem is repaired, evidence of possible negligence no longer exists.
• Email Barry Stone at barry@housedetective.com.
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