No one disclosed ungrounded outlets
Q: We recently purchased a 70-year-old home and no one mentioned the two-prong, ungrounded outlets. They weren't disclosed by the sellers, and our home inspector didn't list them in his report. Shouldn't the sellers have upgraded these outlets to current code requirements before they sold the property? Shouldn't our home inspector have reported this defect? And won't this be a problem when we eventually sell the home?
A: Sellers are not required to upgrade old electrical systems when a property is sold. They are merely required to disclose any defects of which they are aware. Because most sellers do not regard the normal characteristics of an older home as defects, it is common for two-prong electrical outlets to be omitted from a seller's disclosure statement.
Disclosure requirements for home inspectors are obviously much different. An inspector's failure to report ungrounded outlets in an old home amounts to professional negligence. A home inspector's job is not merely to report conditions in need of repair, but to disclose any observable condition that could be of concern to a buyer, especially where safety is involved.
Ungrounded outlets pose potential shock hazards in some situations, and surge protection devices on computers can be ineffective without grounding.
The outlets in question are regarded as "legal nonconforming" because they were installed according to code at the time of construction, but homebuyers still need to know such outlets are substandard and potentially unsafe. As a buyer, you should have been advised regarding future upgrade of those outlets.
As a future seller of the property, you will need to disclose that the two-prong outlets are legal but substandard. However, as the current occupant of the home, it would be wise to have the outlets upgraded to current standards by a licensed electrician.
Q: I recently added a full bathroom in my home by combining two walk-in closets. This was done without a building permit, but all of the construction was performed by a good friend who is a licensed electrician. Soon, I plan to list the house for sale and am wondering what questions buyers may raise about the new bathroom. What is your advice in this regard?
A: A question very likely to arise when you sell your home is "Do you have a building permit for the bathroom?" If there was no permit, buyers will wonder if the work was properly done, regardless of assurances from your electrician friend. Although he may be qualified to perform expert electrical work, what about other aspects of the construction - particularly the plumbing?
Are the drains vented through the roof? Are the traps properly configured? And how about room ventilation? Is there an operable window or an exhaust fan?
These are among the various requirements that would have been verified by the municipal building inspector if you had taken out a permit. A buyers' home inspector is also likely to raise such issues. But regardless of construction quality, a building permit is required by law, and lack of a permit could complicate your sale. It could even pose liability problems in the future.
A prudent course of action would be to apply for an as-built permit before you sell the home. A dose of expense and inconvenience now could prevent greater headaches later.
• Write Barry Stone at barry@housedetective.com.
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