Inspector overlooks deck damage

Q: We purchased a home and hired a home inspector who was recommended by our agent. On the day of the inspection, the outside of the deck was wrapped with tarps because of wet weather, so only the top of the deck was inspected. The inspector reported two rotted posts above the deck and recommended that a carpenter look at it, but he never checked the support posts under the deck. After moving in, we found many rotted posts below the deck. When we called the inspector, he agreed to pay for part of the repair work, but not all of it. If he had just looked under the tarps when he did the inspection, the seller could have paid for all of the repairs. Do you think our home inspector is liable?

A: The home inspector and the seller both appear liable for the repairs — the inspector for possible negligence and the seller for failure to disclose what may have been observable defects.

When the home inspector found rotted wood above the deck, this should have alerted him to the possibility that there could be more rotted wood behind the tarps. How difficult would it have been, at the time of the inspection, to lift or unfasten the tarps and take a look at the framing? Wood rot is more likely to occur where the sun doesn’t shine because wooden components in dark places are subject to prolonged moisture conditions during wet weather. If the inspector was unable to see or to gain access below the deck, he should have recommended further evaluation of that area before the close of escrow. Additionally, he should have advised evaluation, not by a carpenter, but by a licensed pest control operator: someone who specializes in fungus damage to wood members.

As for the amount the inspector was willing to pay, this can depend upon state liability laws, as well as limitations set forth in the home inspection contract. On the other hand, the inspector’s willingness to pay for part of the repair costs is an admission of responsibility. That admission implies accountability for the remainder of those costs.

As regards the sellers: If the posts below the deck were visibly rotted, wouldn’t the sellers have noticed this before the tarps were installed or while the tarps were being installed? In most states, sellers are required to disclose known defects. Failure to provide disclosure would render the sellers liable for the cost of repairs. However, many homeowners have never looked at the framing under their deck. If the sellers hired someone to attach the tarps, they may have had no knowledge of the wood damage.

To proceed with the issue, get at least two repair bids from licensed contractors. Then you can notify the home inspector and the seller that payment for necessary repair work is expected. Hopefully, they will agree to a fair resolution.

• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.