|
|
The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: In one of your columns, a buyer was annoyed that her agent would not recommend a home inspector by name. I’m a Realtor, and our company has a policy against recommending any service providers, and that includes termite inspectors and home inspectors. We simply hand our clients the yellow pages and point out the section where inspectors are listed. Past experience has shown us that this is the safest way to do business. If a home inspector that we recommend makes a mistake, we could be sued for making that referral. We’d like to provide the kind of personal service that includes a list of reliable contractors and inspectors, but our hands are tied by fears of litigation; much to our dismay and disappointment. How do you view this position? Jennifer
Dear Jennifer: Your fear of litigation is understandable and is shared by many; not just in the real estate profession, but by nearly everyone in business; from grocers to doctors; from plumbers to engineers; from teachers to musicians. Trial attorneys, for whatever reasons, good or bad, have removed from our society the trust that was once communicated by a promise and a handshake. Instead, we have pages of fine-print legalese that no ordinary person can understand. Yet none of these documents eliminates the likelihood of lawsuits: They merely provide talking points for that dreaded day in court. But there are still ways of operating in this defensive business environment, without abandoning the kind of personal service that we prefer to offer in good faith to our customers.
The phone book approach to home inspector referrals may not provide the liability protection that Realtors seek. In fact, it may pose a higher level of exposure to tort liability. The problem with a yellow page selection is that a buyer may randomly hire a home inspector who has very limited experience; someone who is not very thorough or qualified and who may fail to disclose significant property defects. If a buyer chooses a mediocre home inspector from the phone book and the agent fails to give warning — to point out that there are better home inspectors — that agent could be vulnerable to a lawsuit, without having made a referral.
Fortunately, there is a safer middle ground between recommending a home inspector or supplying a phone book. Instead, you can provide a list of the most qualified home inspectors in the area and let your buyers choose an inspector from that list. In fact, you could ask a number of local home inspectors to submit a one-page flier outlining their professional credentials and their levels of experience in the inspection business. A packet of these fliers could then be given to every homebuyer. Buyers could select their own inspector, but their choice would be an educated one, based on information that would facilitate a more thorough inspection and, therefore, less liability. Run that idea up the flagpole at your next staff meeting and see if anyone salutes it.
The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: I recently discovered about 3 to 4 inches of standing water under my house. I pumped out the water and removed the plastic sheets that covered the ground so the soil can dry out. Once the ground is dry, should I spread lime over the surface to help prevent mold? And should I also reinstall the plastic sheets? Steve
Dear Steve: Mold prevention is not necessary unless you have moisture on cellulose materials. Wet soil will not support mold growth, so there’s no need for lime on the ground.
The purpose of the plastic membrane is to prevent ground moisture from evaporating and causing humidity and condensation in the crawlspace. If faulty ground drainage causes flooding above the plastic, then the plastic serves no useful purpose and does not need to be replaced.
The primary concern in this case is the drainage problem. To solve this, you should have the property evaluated by a geotechnical engineer to determine the water source and the best means of preventing future water intrusion. The engineer might recommend french drains around your home, a sump pump under or around the building, regrading of the ground around the building, or possibly la combination of these. Once this is done, replacement of the plastic membrane may be advisable, but additional foundation vents might also be needed to minimize humidity and condensation.
Finally, you should have the structural framing and subfloor inspected for fungus/dryrot or other moisture-related damage. In subareas with high humidity, rotted wood is common, and repairs can be very costly.
The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: Before we sold our house, I repaired a roof leak above the bedroom, and just to confirm that the repair was good, I climbed into the attic during the next two heavy rains. No leaking occurred. The people who bought the house hired a home inspector. He didn’t find any problems with the condition of the roof, but he disclosed the water stains in the attic and recommended further evaluation of the roof by a licensed roofing contractor. The buyers did not follow that advice and proceeded with the purchase. A few weeks later, it rained again and two roof leaks occurred. When the buyers contacted us, we asked them to get three written estimates for roof repairs. Instead, they sent us one estimate for a completely new roof. We repeated our request for three repair estimates, but they insisted that we should replace the entire roof. What do you think we should do? Lesley
Dear Lesley: The buyers were advised by their home inspector to have the roof evaluated by a licensed roofing contractor. They chose not to follow that advice. By disregarding the inspector’s expressed recommendation, they failed to exercise due diligence and are therefore in no position to make demands at this time. By waiving the home inspector’s recommendation, they were, in effect, accepting the roof in as-is condition.
A second vital point is that their home inspector did not cite any physical damage or other observable defects on the roofing itself. He merely reported evidence of past leakage in the form of water stains in the attic. If roof replacement is necessary, that fact should have been reported by the home inspector. The lack of such disclosure indicates that the home inspector regarded the roof as needing possible repair, rather than total replacement.
Given the buyers’ acceptance of the roof as reported by their home inspector, and given the inspector’s lack of major defect disclosures, it would appear that the buyers’ demand for a new roof is unreasonable and overreaching. Unfortunately, this does not guarantee that they will not continue to pressure you for a new roof or to use legal pressure to achieve that end.
What you need at this point is a detailed written report of the roof’s condition by a qualified expert, with lots of pictures of the existing roof. It would also help to have the buyers’ home inspector reinspect the roof to see whether he will confirm or alter his original findings. If the buyers are intent upon pursuing the demand for a new roof, they should cooperate with this discovery process.
New home buyers can’t avoid the advice to get a home inspection. It’s generally recommended by realtors and financial institutions and is sometimes required before certain loans can be completed. But what’s the purpose?
A home inspection is an evaluation of the basic “parts” of a house. There is not a pass or fail (under normal circumstances), but it’s a chance for someone who knows nothing about the property they’re buying to get a really good, close-up examination of what’s beneath the surface. Here’s a sample checklist you can use as a guide for things to remember to ask the realtor about when you’re shopping for a new home:
- Basic Structure
- Exterior
- Roof/Attic
- Plumbing
- Major Systems (HVAC, water heaters, duct work, etc)
- Electrical
- Appliances
- Garage/Outbuldings
You’ll want to make sure you pay close attention if your home inspector notifies you of any serious problems that need attention, like any imminent health/safety issues, heating/cooling malfunctions, roof damage or short life expectancy, foundation problems, and drainage issues.
If your home inspection happens to turn up any of these issues, you should consult with your realtor who can help you request that the seller either repair these items, or make concessions for the cost of the repair(s).
 New Homes Need Love Too
Some home buyers may believe that it’s safe to skip a home inspection if they’re buying new construction. Unfortunately, builders of new construction are just as apt to make mistakes as anyone else, say a general contractor or re-modeler, when constructing a building.
It’s fairly simple for you to walk through your house and see if the faucets work or if the A/C blows cold air. What you might not notice are things like inadequate combustion air for the water heater, improper electrical wire connections in the attic, or where building code violations might arise later on down the road when you sell your house.
Using a qualified home inspector who works in the area routinely, and who is well informed about municipal building codes, can assure that your newly constructed home measures up and you won’t be faced with expensive changes in the future should you choose to sell.
 Chinese Drywall The latest mass produced product to come out of China and found to contain toxic material is drywall; or gypsum board.
The first signs of a problem have been from homeowners that discover a smell or odor in the home. Health concerns and health problems reported include an array of respiratory problems, eye irritation, and headaches.
Apparently this drywall has been found to possibly emit high amounts of hydrogen sulfide fumes and ammonia gas. There are reports that the drywall “out-gassing” affects copper components of a home. This includes air conditioning evaporator coils (which have had to be replaced only after a few years of use) and possibly electrical wiring and copper plumbing.
So far, Florida seems to be the hot spot for the defective material and coincides with the building boom and a shortage of drywall during that time. There is some information that because of the high humidity levels in Florida, that the scale of the defective material has not yet been realized.
There are already class-action lawsuits underway. More information can be found here
Also, be advised there are Chinese drywall scams surfacing.
In Texas, the average of radon in homes is within national norms; however, when examined on a county-by-county basis, several areas of Texas are identified where local geology is suspected of contributing to the potential for elevated levels of indoor radon. Texas has no areas of “Highest Potential,” according to the United States Environmental Protection Agency standards. Click here for a Texas map showing counties and Radon zones.
Radon in Granite Countertops
 Recent news stories have brought to light the existence of radon or radiation from granite countertops. The amount of radon that has been found in most granite countertops generally emits less radiation than we are regularly exposed to from what is known as background radiation. These levels are so low that they are not harmful to human health.
For more information regarding Radon, you can visit Texas Department of Health Radition Control Program here.
Radon can migrate through permeable rocks and soils and eventually seep into buildings or be relased into the atmosphere. Radon is measured in units of picocuries per liter (pCi/l) of radon in the air.
Rusty pipe near bursting under house Simply speaking, a home inspection is a non-invasive examination of the condition of a home, often in connection with the sale of that home. The inspection is carried out by a certified home inspector, using specific equipment and techniques to allow for more thorough examination than the average home owner can perform. Once the inspection is completed, the inspector releases a report of his or her findings.
An inspector will check the roof, foundation, heating system, water heater, air-conditioning system, structure, plumbing, electrical, and many other aspects of buildings looking for improper building practices, those items that require extensive repairs, items that are general maintenance issues, as well as some safety issues. One of the most common uses for a professional home inspection is upon the sale of the home. New home buyers will benefit from a thorough once-over so they are not blind-sided by unexpected repair costs once they purchase a home.
Water Damage, Leading to Mold For information about molds try reading this article.
The effect of mold on humans is somewhat of a debatable topic among the public including doctors. There was a time when mold was all the rage and insurance companies were paying for mold remediation. When insurance companies stopped covering mold and mold claims, suddenly there was no longer media coverage and mold problems seemed to disappear faster than they started. It’s also debatable among the medical community whether mold is harmful to people. If you are allergic to mold, then yes, mold could be a problem. Otherwise, there is proof on both sides that it might or might not be harmful.
Better Safe Than Sorry
With any home inspection, however, you will want to make sure you don’t have problems that will lead to mold development, such as leaking windows, missing flashing, or drains that just drip water down the side of your home. If you are already sensitive to airborne irritants or have respiratory problems, you may want to inform your inspector to be keenly aware of issues with the house that might lead to bigger problems down the road in terms of air quality in and around the home. For a thorough and professional examination regarding mold, you should consult an industrial hygienist.
The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: Now that I’m selling my home, I’m concerned about improvements that were done without building permits. In some of your articles, you stressed the importance of disclosing non-permitted work to buyers. But will this disclosure really protect me from liability? JoAnna
Dear JoAnna: We live in a sue-happy world, with no absolute protection from legal liability. Regardless of what we do, we can be sued for doing something wrong, and we can be sued for doing nothing wrong. Fortunately, we can take steps to reduce our levels of liability, but we can never eliminate that liability completely.
When selling a home, full disclosure of non-permitted work reduces your liability, but the way that you frame those disclosures can make a critical difference. A common mistake that many seller make is to state or imply that all work was done correctly or “according to code”, even though it was done without permits. Such statements can get sellers into deep trouble.
Unless sellers are professional building inspectors, they have no idea whether improvements were done according to code. Building codes are voluminous and exhaustively complicated, and only the most informed experts are totally familiar with their intricacies. When disclosing that work was done without permits, you should state that “no guaranty is made regarding compliance with building codes.” You should also recommend that buyers hire a qualified home inspector to evaluate the condition of the improvements, as well as the rest of the property. With that kind of disclosure, you should be reasonably safe from complaints after the close of escrow.
|
|
