Home inspector overlooked polybutylene pipe
Q: When we bought our house, the home inspector said we have copper water pipes. This turned out to be incorrect. Two plumbers have determined that are polybutylene plastic. They say these lines should be replaced to prevent leaking. Worse still, our homeowners’ insurance company learned about the problem and will cancel our policy unless we re-pipe the house. The home inspector did not have us sign a contract, so there appears to be no limit to his liability. We’ve also learned that he is no longer in business. If we can track him down, how can we make him pay for the repairs?
A: You apparently hired a home inspector who is not a true professional. Therefore, he may not have the resources or the integrity to pay for repairs. His lack of a business contract, and particularly his nondisclosure of polybutylene pipe, indicate that he is probably a “fly-by-nighter” who thought he could make some easy money inspecting homes.
Polybutylene is commonly recognized by home inspectors and plumbers as substandard water pipe material because the lines are prone to cracking, and the connections often leak.
Your first step is to locate the inspector, if possible, and to notify him of your concerns. Invite him to your home for a reinspection of the plumbing. You should also get some bids for repiping so that you can document the likely cost of repair. And be sure to get some advice from an attorney so that you will know what remedies are available to you by law.
If the inspector is still available but is unwilling to address the problem, you may be able to get a judgment against him in small claims court. That might not cover the entire cost of repiping, but it could pay a large part of it, assuming that he has any assets to collect.
Finally, if the home inspector was recommended by your agent or broker, that person shares responsibility for the lack of competent disclosure and should be notified accordingly.
Q: We are concerned about the safety of our ventless gas fireplace. We use it a lot, and a black film has recently appeared on the glass panel, as well as on our windows. What should we do?
A: The first thing to do is stop using the fireplace and report the problem to a qualified fireplace specialist for evaluation and repair.
When a gas-burning fixture produces a black residue, that indicates incomplete combustion and faulty exhaust venting. It means that combustion byproducts are venting into your home, which is dangerous if these byproducts include carbon monoxide.
In addition to having the fireplace professionally serviced, read the owners manual before resuming use. The manufacturer's instructions may advise not using the fixture for periods of more than two hours. The manual may also recommend that a nearby window be kept open while the fireplace is in use to dilute exhaust with fresh air.
Ventless gas fireplaces are vigorously defended by their manufacturers as being incapable of abnormal combustion. In past articles, I've expressed the view that no manmade product is, or ever can be, 100% foolproof. Your situation appears to support that opinion.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.