Buyer complains about home inspector
Q: We hired a home inspector to check out our house before we bought it. His report indicated no problems, but after closing the deal we discovered many problems: The pool heater did not work: $2,900. The clothes washer had bad bearings: $450. The kitchen sink leaked: $250.
What recourse do we have against the home inspector?
A: There is no such thing as an accurate home inspection report with "no problems." All homes have defects: no exceptions. Any time a home inspection report contains no defect disclosures, red flags should flutter in your mind, signaling that the inspection was not thorough.
A good question to ask in such cases is, "How long has the inspector been in business?" A follow-up inspection by a second home inspector, someone with more experience, will probably reveal additional surprises.
On the other hand, the problems you listed regarding the swimming pool heater and the clothes dryer may not indicate inspector negligence. Your inspector is only liable for swimming pool problems if the pool was included in the inspection. Not all home inspectors conduct swimming pool inspections. For clarification, check the inspection contract and report to determine if the pool was included.
Laundry appliances are not considered to be within the scope of a home inspection because they are not an integral part of the property, as are built-in appliances such as dishwashers and ovens. In many cases, washing machines are not even included in the sale of the property and therefore are not usually items of concern to buyers.
Leaking at the kitchen sink should have been apparent to the inspector if it was occurring on the date of the inspection. Even stains indicating past leakage should be disclosed.
You should immediately notify your home inspector regarding your concerns and request a reinspection of the items in question.
Q: Our home is for sale and was recently in escrow, but the buyers decided not to purchase the property after reading their home inspector's report. When we find another buyer, are we and our agent required to provide copies of the old inspection report, or is it up to the buyers to ask about it?
A: Sellers and agents are required to disclose all defects or other pertinent conditions of which they are aware. If you know it, you must disclose it. This is the best way to avoid future problems. Don't look for exceptions. When in doubt, disclose.
Nondisclosure is an invitation to potential litigation, so don't wait to be asked: just disclose. Whether or not you provide a hard copy of the old inspection report is not as important as conveying to buyers all of the significant issues contained in that report. Just let them know, and do it in writing. Then your disclosure responsibility will be fulfilled and your disclosure liability will be minimized as much as possible.
• Email Barry Stone at barry@housedetective.com.
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