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Seller unhappy about cosmetic defect repairs

Q. Before listing my house for sale, I decided to have a structural inspection, so I hired a home inspector. He didn't find any structural problems, but his report was filled with a lot of cosmetic defects, such as stains on the bedroom ceiling. The stains are obviously not structural, but the report has started a chain of requests from the buyers to correct cosmetic defects. Our purchase contract does not spell out the difference between cosmetic repairs and structural repairs. So now the buyer is using the inspection report as a wish list. What should I do?

A. Your point is well taken, but with some caveats. Cosmetic defects, such as ceiling stains, are not critical conditions in need of repair. They are important, however, because they reveal past or current moisture problems, most likely related to roofing or plumbing leakage.

The issue is not the stains, but the need to determine the cause of those stains and to ensure against ongoing leakage. That would require further evaluation and possible repairs.

It is also important to understand that a "home inspection" is not strictly or exclusively a "structural inspection." The word "structural," as it pertains to the condition of a home, is very limited in scope, referring primarily to issues affecting foundations, framing and ground stability. If you only wanted a structural inspection, a licensed structural engineer, rather than a home inspector, should have been hired.

Home inspections encompass far more issues than structural ones, including but not limited to the plumbing, heating and electrical systems, fireplaces and chimneys, roofing, built-in appliances, ground drainage, general safety compliance and much more. The purpose of a home inspection is to identify significant property defects that are visually discernible.

Cosmetic defects are typically included in a home inspection report as a courtesy only, not as issues to be resolved by sellers. However, total disclosure of property defects is essential when buying or selling a home. To limit the scope of a home inspection solely to structural considerations could leave many vital issues undisclosed.

Q. The home inspector who checked my house recommended installing a spark arrester on the chimney top. Because the fireplace has been converted from wood burning to gas logs, is a spark arrester really necessary?

A. In practical terms, the lack of a spark arrester is not likely to be a safety problem if you are only burning gas. However, from a legal standpoint, a spark arrester is mandated for all fireplace chimneys, even those that are no longer used to burn wood.

This requirement guards against possible mishaps in case the fireplace is restored to wood-burning use. If conversion to wood use should ever take place, the installation of a spark arrester could be overlooked. Therefore, adding a spark arrester now will ensure against unforeseen problems later.

Fortunately, the addition of a spark arrester is neither complicated nor expensive. All that is needed is a piece of half-inch hardware cloth (wire screen) and a certified chimney sweep to install it properly.

• 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.

© 2019, Action Coast Publishing

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