Buyers demand new carpet from sellers
Q. When we sold our home, we disclosed every defect we could think of, as required by law. Now, the buyers are complaining about carpet stains, and they're threatening to take us to small claims court unless we pay for new carpet. We didn't mention the stains on our disclosure statement because they were visible for everyone to see, and they didn't seem bad enough to raise a concern. The buyers' home inspector didn't even mention them in his report. What would you advise?
A. Frivolous demands of this kind sometimes arise in the aftermath of a real estate purchase. Aside from the stress and inconvenience that is being raised over a minor issue, it is sad to see the buyers deny themselves the joy and excitement of adjusting to their new home.
If the carpet stains were truly significant, they would most likely have been noticed and brought up during the course of the transaction, either by you, the buyers, the Realtors or home inspector. For the sake of argument, let's suppose the stains had been disclosed at that time. Since when does a seller replace carpet simply because of moderate stains? If mere stains were enough to warrant new carpets for homebuyers, there would be an economic boom for the carpet industry.
Carpet stains are commonly regarded as cosmetic defects. A reasonable offer to the buyers now would be to share the cost of carpet cleaning. If you want to be generous, you could even pay the entire cleaning bill yourselves. Either way, the buyers would be getting a fair deal. If carpet cleaning is not acceptable to the buyers, let the small claims judge decide. The buyers' home inspection report can be presented as evidence to support your position. The inspector might even be willing to appear as a witness.
Q. As a Realtor, I've encountered disagreements between home inspectors and window contractors regarding leaking dual pane seals. A home inspector identifies several windows as having water stains between the panes, but when the window contractor is called, he finds no such stains. Why am I repeatedly having this problem?
A. Leaking dual-pane window seals are very common, especially with windows manufactured during the 1980s and '90s. In some cases, water stains are blatantly apparent; at other times they are so slight that detection can be difficult. When stains are excessive, the job for inspectors and contractors is easy. When stains are slight, there is not always a consensus as to whether they in fact exist. Detection can depend upon lighting conditions, and home inspectors will often identify stains by shining a flashlight against the glass at varying angles.
Window contractors are experts at installation and repair, but they are seldom hired to conduct meticulous inspections of windows for the purpose of discovering slight dual-pane water stains. Home inspectors, on the other hand, perform this type of inspection on a regular basis and thus, by way of practice, become adept at discovery.
To avoid future problems of this kind, try to attend home inspections with your clients. That way, your inspector can demonstrate the presence of water stains and other defects.
• 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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