Home inspector missed two problems
Q: Our home inspector seemed to do a pretty good job when we were buying our home, but after moving in, we found two problems that he missed. One of the window frames is cracked, and the ice dispenser in our refrigerator does not work. These things are obvious and should have been caught by our inspector. Can we ask him for compensation?
A: If the window damage was clearly visible on the day of the inspection, you can ask your inspector to take a second look. At the same time, try to see this defect in perspective. A competent home inspector spends spent hours evaluating countless aspects of a property, from electrical to plumbing, roof to foundation, ground drainage to heating system, fireplace and chimney to attic framing and insulation. If he does a good job, he probably even checks the doors and windows for condition and functionality. But no home inspector, not even the best one, can discover every single detail of a house in just a few hours.
As a gesture of good will, your inspector may agree to repair your window, but try not to see that as his obligation. His job is not to guarantee a flawless home. It is to report all significant property defects — conditions that affect the safety and value of your home. If he fulfilled that purpose, be grateful. His job is to disclose significant defects, not to guarantee perfection.
The refrigerator is an entirely different matter. Appliances that are not built-ins are outside the scope of a home inspection. That includes washers, dryers, and refrigerators. Home inspectors test and evaluate built-in appliances only, such as ranges, vent hoods, dishwashers, and garbage disposals. Free-standing appliances such as refrigerators are regarded as personal property, not fixtures of the home.
Q: A roofing company installed a new flat roof on our home and gave us a five-year warranty. After a year, the roofing had bubbled up at dozens of spots. The contractor patched these and has continued to patch more bubbled spots each year. He has admitted that an insufficient amount of tar was used when the roofing was installed, causing the materials to separate. Until now, he has stood behind his work, but here’s the problem: The warranty is due to expire soon, so the annual patching will then become our responsibility. Since the roof was not properly installed, it doesn’t seem fair that he should patch it for five years and then walk away. Aren’t we entitled to a new roof?
A: The roof installation was clearly defective, as acknowledge by the contractor himself and as evidenced by ongoing delamination. Until now, this has required repeated repairs. In the future, it will lead to leakage, premature failure, and costly roof replacement. Instead of providing annual patching during the five-year warranty period, the contractor should have replaced the roof long ago, when the faulty installation became apparent. You hired his company to provide a quality roof, not a five-year maintenance contract. Before the warranty expires, you should politely, but firmly, insist that your roof be replaced in accordance with the warranty.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.