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Home inspector missed window defects

Q. We bought our home about six months ago, and our home inspector found no problems with the windows. He said he opened and closed all of them, and they were all working OK. But this week we were repainting and discovered two problems. The wall below one of the living room windows has water damage and mold, and the plaster is very loose. In the sunroom, one of the window frames is so rotted that it wouldn't close after we opened it. We called our home inspector, and he's coming back to look at these problems. Do you think he is liable for the costs of repairs?

A. Home inspectors look at so many aspects of a home in the span of a few hours that it is easy to miss a defect that is not plainly apparent. If a home is vacant during an inspection, defects such as water damage below a window can be plainly observed. If a home is still occupied, draperies and furniture can prevent easy discovery of some defects. These variables should be considered in assessing your inspector's liability.

The sunroom window is another matter. If your inspector claims to have opened and closed all of the windows, then the damaged sash should probably have been discovered and reported.

Fortunately, your home inspector is responding to your request to take a second look. The best inspectors are those who address customer concerns seriously, particularly with regard to issues that arise after the close of escrow. Hopefully your meeting with him will be productive and satisfactory.

An additional liability issue is whether there was a termite inspection when you were buying the property. Rotted windows fall within the scope of that type of inspection. If there was a termite inspection, that inspector should also take a second look.

Q. I just replaced the vent hood above my range with a microwave oven. What concerns me is the clearance above the cooktop burners: only 17 inches. What is the required clearance from the top of the range?

A. This is a common problem in older kitchens, when replacing a vent hood with a microwave oven. In newer homes, the overhead cabinet is high enough to provide proper clearance for a microwave. In older homes, not as much room was needed for the vent hood, so the cabinet clearance was less.

Here are the basic clearance standards: The minimum required clearance to combustible material above a cooktop is 30 inches. That would be for exposed wooden cabinets above the burners. When a hood or microwave oven is installed, the required clearance above the burners is 24 inches. However, some microwave ovens are allowed to have reduced clearances, depending on their heat-resistance ratings. The clearance requirements for those fixtures is usually found on the manufacturer's label.

• 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.

© 2016, Action Coast Publishing

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