Agent seems to withhold disclosure
Q: Our next door neighbor's furnace is very noisy at the roof vent, sometimes keeping us awake at night. Recently, the house was listed for sale, so we wrote a letter to the listing agent to inform her of the problem. She acknowledged our letter, but nothing more was said. After the house sold, I spoke to the new owner. She said the agent had never mentioned the noisy heater vent. How could the agent have failed to disclose this after receiving my letter?
A: How indeed? Agents and sellers are required to disclose all known conditions that could be of concern to a buyer. The listing agent who failed to disclose your complaint to the buyer was in violation of state disclosure laws. Her omission was as foolish as it was illegal, because it exposed her client and herself to potential liability, including possible litigation.
This agent has earned a complaint to the state licensing agency for violation of disclosure laws. However, a simpler approach might be to share the furnace repair costs with your new neighbor, if she would be willing to do so. That would eliminate a problem for all parties, while establishing friendly next door relations.
Q: We just bought our first home, after having it inspected. As soon as we moved in, we had problems with the heating and air conditioning system. An inspector from the home warranty company told us the system was mismatched. The outside unit, he said, was too large for the forced air unit in the attic. When our home inspector looked at the system, he said the outside unit was malfunctioning, but he did not mention the mismatch. Now he says home inspectors do not determine whether the fixtures match, that his job is to identify functional defects and physical damage only. Is that true, or is he liable for replacing the system?
A: Home inspectors are required to identify and report operational defects and apparent damage when inspecting heating and cooling systems. Recognizing when an exterior compressor is not matched with the main air unit requires a higher degree of familiarity with such systems than is common for the majority of home inspectors.
The overriding issue, however, is that your home inspector disclosed a malfunctioning compressor. That was a serious disclosure that warranted further evaluation by a licensed heating and air conditioning contractor before you bought the home. If that had been done, before you closed escrow, the discovery of the mismatched units would have occurred while negotiations with the seller were still possible. The home inspector's liability would therefore depend upon whether he recommended that repairs to the system be done before the close of escrow.
Q: In a recent article, you stated outlets for laundry appliances are not required to have GFCI protection. That was true until last year, but an NEC code change in 2022 now mandates GFCI for all outlets in laundry rooms.
A: Thanks very much for this update and for not letting me get away with that oversight. Sincerely yours.
• To write to Barry Stone, a certified building inspector, email barry@housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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