Home inspector didn’t operate heater
Q: When I purchased my home, it was the middle of summer and very hot, so my home inspector did not test the forced air furnace. Months later, when the cold weather arrived, I found the heater to be inoperative, and the contractor I called said the system is unsafe. The repair costs are more than I can afford. Should I go after the inspector for negligence, the sellers for nondisclosure, or both?
A: Home inspectors should operate and inspect furnaces, regardless of hot weather. Unfortunately, some thermostats are unable to activate a heating system when the air temperature in the home is above 90 degrees, but does not mean the furnace inspection should simply be dismissed. Furnace inspections are among the most important aspects of a home inspection because of potentially hazardous conditions and the high costs of repairs or replacements.
In this case, the home inspector may or may not have been negligent, depending on what was stated in the inspection report. If a home inspector, for any reason, is unable to operate a furnace, the inspection report should recommend re-inspection or evaluation by a licensed heating contractor prior to close of escrow. If your inspector did neither, then he was negligent and could be liable for the cost of repairs. You should contact him in this regard.
Of equal concern is the question of disclosure by the sellers. If the heating system was inoperable before the property was sold and the sellers were aware of that fact, they should have disclosed this to all concerned parties. Failure to provide such disclosure could render them liable. On the other hand, it is possible that they had no knowledge of the problem. For example, if the home had been used as a rental or had been vacant for a prolonged period, the sellers may not have known that the furnace was inoperative. In any event, the sellers, along with the home inspector, should be notified that this problem has come to light.
Q: I am 68 years old, in relatively good health, and I am looking for another career: possibly home inspection? I've just enrolled in a seven-week course, beginning soon, but I’m wondering if home inspection work might be too demanding for someone of my age. What do you think?
A: Some aspect of the home inspection profession do require some physical fitness. For example, how do you feel about crawling under houses, with barely enough room to move; or through an attic, snaking your way through trusses and ankle deep in fiberglass insulation, while brushing dusty webs from your face? If those working conditions are acceptable, you've overcome the second worst aspect of home inspecting as a daily profession.
The primary consideration when becoming a home inspector is legal liability. Homebuyers base their purchase decision on the findings of their inspector. If you miss any defects in the course of your inspections (and all home inspectors do miss things; especially when they are new to the profession), you could be held liable. Aside from that, home inspection is a challenging and interesting way to make a living, even for those in the active years of early seniority.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.