Inspector makes negligent disclosures
Q: We bought our home about a year ago. At the time, we asked the home inspector about a small water stain on the ceiling. He pointed some kind of sensor at it and said it was not an active leak. Recently, the ceiling stain became wet again, and that portion of the drywall fell down. It turned out that the water came from the old air conditioner in the attic. But according to the inspection report, the A/C was “new and in good working order.” Do we have any recourse against the inspector?
A: Your home inspector apparently committed three errors. The first was to evaluate a ceiling stain on the basis of wetness or dryness on the day of the inspection. The second was to forego a follow-up investigation of attic and roof conditions directly above the stain. The third was to misidentify the age and condition of the air conditioner.
When you asked him about the stain, his reliance on a moisture detection device was inconclusive because the stain was caused by a seasonal leak, not an ongoing one. The proper approach would have been to inspect the attic and roof areas directly above the stain to determine possible causes. Had that been done, the inspector might have discovered related water stains near the A/C system and could have recommended repairs by a licensed HVAC contractor.
The fact that your inspector described the A/C unit as “new” indicates three things: first, that he did, in fact, take a look at the system; second, that his ability to evaluate the system was inadequate; and third, that he failed to notice evidence of condensate leakage.
On this basis, the inspector appears to have been negligent and should accept some liability for ceiling and A/C repairs. You should contact him and ask that he reinspect and discuss these issues.
Q: Rainwater gathers on my roof-deck throughout every rainy season. This problem began when the deck surface was redone about three years ago. Are roofs with negative slope allowed, and will this be a concern when I sell the home? Kathleen
A: Inadequate slope of flat roofs and of decks is a common construction defect. Although it violates the building code, it is generally regarded by home inspectors as a condition that warrants disclosure rather than repair, unless leakage or other related problems are observed. However, if the problem originated when the surface was redone three years ago, the contractor who did that work should be liable for substandard workmanship. You should contact the contractor in this regard, but he may simply insist that the problem was pre-existing.
If this condition has not been corrected by the time you sell your home, it could be raised as an issue by the buyers' home inspector. Rather than waiting for possible fallout from that disclosure, the best approach would be to include the matter in your disclosure statement to the buyers. Defects disclosed in that format are often accepted on an as-is basis.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.