Home inspector didn’t test air conditioner
Q: We bought our home in wintertime, so our home inspector did not test the air conditioner. He said the outside temperature was too cold to run the system. But that left us with an undisclosed problem. The summer arrived with 100-degree temperatures, and we found that our air conditioner did not work. The contractor we called said the system had not been fully connected when it was installed, but this was not reported to us during our home inspection. Is the inspector liable for failing to report this problem?
A: Your home inspector could be liable, depending on what he did or did not say in his report. At the same time, there remains the issue of whether or not to test an A/C system in cold weather.
Many home inspectors refuse to test air conditioners when temperatures are below 60 degrees. This is because A/C systems can be damaged if they are operated during cold weather. However, prolonged use in cold weather is what causes damage, not brief use for testing and inspection purposes. Therefore, failure to test an A/C system during cold weather is not fully justified. If a home inspector chooses to skip the test, the report should recommend testing by a licensed HVAC contractor prior to close of escrow, rather than allowing homebuyers to purchase the property without knowing the condition of the A/C system. If your home inspector declined to test the unit, but made no recommendation for further evaluation, then he was professionally negligent.
There is also the issues of the A/C system not being fully connected. If this lack of connection was visible at the time of the inspection, your home inspector would be liable for failing to disclose a visible defect that was within the scope of the inspection. Whether he is legally liable could also depend on the wording of the home inspection contract that you signed. You should notify the inspector of this situation to see what he is willing to do.
Q: We bought ceramic floor tiles for our bathroom and hired a tile setter to install them. But his workmanship was terrible. So now, we’re going to tear it all out and start over, but we want to make sure we get a good tile contractor this time. How can we find someone who is competent to do this work?
A: Finding a qualified contractor can sometimes be a shot in the dark, but here is a good way to improve your chances. Stores that sell flooring materials seldom employ their own workers. Instead, they contract with various carpet layers, vinyl installers, and tile setters. These store owners usually know which contractors are better than the others because they can’t afford the liability of faulty workmanship.
The next time you buy floor tiles, ask the vendor which tile installer is the best of the bunch. That person is the one you should request to retile your bathroom.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.