Undisclosed water intrusion in addition
Q. Our house has a three-room addition that was built without a permit, according to the sellers' disclosure statement. We hired a home inspector before we bought the property, and he reported no serious defects with the addition. But every time it rains, the floors in those rooms become wet. When we called the inspector, he said he told us the addition might leak, but nothing is mentioned about it in his report.
We're thinking about tearing down the addition and rebuilding it, but this will cost more than we can afford. We're also thinking about suing the inspector. What do you think we should do?
A. The home inspector is liable if he failed to disclose, in writing, defects that were visibly discernible at the time of the inspection. If there was no evidence of seasonal flooding at the time of the inspection, there would be no basis for a lawsuit. However, if the inspector claims to have disclosed the problem verbally, he needs to explain why nothing was said about it in his report.
If he actually noticed the problem, as he claims, but did not report it in writing, then he was professionally negligent, and that would make him liable. The sellers may also be liable for not disclosing water intrusion. If they owned the property during the previous rainy season, it is reasonable to assume they knew about the problem.
As buyers, you may also have been negligent, since you knew the addition was not permitted. The fact that you let that disclosure pass might weaken you case in the event of a lawsuit.
Aside from the liability issues, you should have the water problem evaluated to determine its cause and to decide whether tearing down the addition is warranted or is an overreaction. A geotechnical engineer can provide this type of evaluation.
You might also contact the local building department regarding an as-built permit on the addition. If you take out a permit, the municipal building inspector can evaluate the addition and let you know what must be done to make it comply with code. There is a risk in this, however, because the building department has the authority to order the addition to be removed.
Q. I'm about to make an offer on a home and am concerned about the bedrooms in the attic. The house is listed as having five bedrooms, but the stairway to the attic bedrooms is only accessible through the master bedroom, and the headroom in the stairway is so low you have to duck at the top. Are these bedrooms legal?
A. Low headroom at the stairwell is noncomplying, but that may not be decisive in determining whether the bedrooms are legal. What is particularly unusual is the fact that these bedrooms are only accessible through the master bedroom. This indicates the attic was probably converted to additional living space and may not have been permitted. That alone would render the bedrooms illegal. You should visit the local building department before you buy this home to determine the legal status of those bedrooms.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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