Manufacturer should be held liable for faulty windows
Q: The house we are buying is about three years old and has dual pane windows. Our home inspector reported moisture condensation inside many of these windows, so the sellers called the builder who said this has happened in several homes in the subdivision. He said the windows can be removed, cleaned, and resealed. Is this a viable solution for leaking window seals?
A: When dual pane window seals fail, the problem is nearly always a manufacturing defect that is typically covered by the window manufacturer's warranty. You should obtain the name of the window manufacturer and have the sellers contact them immediately regarding the warranty.
Patching these windows, as advised by the builder, is an invitation to future problems. Repairs of this kind are not likely to be permanent and will void the manufacturer's warranty. Furthermore, window warranties are usually restricted to the original owner of a home; so don't close escrow until this situation is totally resolved. Once you purchase the home, the warranty may no longer be in effect.
Q: After we moved into our home, we began hearing popping sounds in the floor, especially at night. This seemed strange, because our home inspector didn't find any problems under the building. We called the builder, but he said the subfloor is not under warranty. He recommended refastening the plywood with screws - something that was not required when the home was built. So we asked our handyman to take a look. He discovered that the floor insulation under the house was installed with the paper side down. Does this matter, and could this be causing the popping sounds?
A: Your builder may not warrant the subfloor (though it's hard to understand why not), but he should warrant the consequences of a construction defect. If the floor insulation was installed with the vapor barrier facing downward, this is a significant defect because it promotes moisture condensation on the joist framing and the subfloor. Excess moisture promotes expansion of the wood members, and this is a possible cause of the popping noises. Of greater concern, however, is the potential for moisture-related damage, such as dry rot and mold.
First on the agenda is a full evaluation of the subfloor and framing by a qualified pest control operator. This will require removal of the floor insulation. If fungus growth has occurred, chemical treatment or replacement of wood members will be necessary. A professional mold survey is also advised. Once these issues are resolved, new insulation should be installed, with the vapor barrier facing upward.
The fact that your home inspector did not identify the insulation problem casts doubt on the overall thoroughness of that inspection. If an obvious defect such as this was missed, there may be other undisclosed issues. Therefore, a second inspection by a more qualified, more experienced inspector is advised. Try to find an inspector who has performed thousands of inspections and who has a reputation for comprehensive thoroughness.
• 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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