Call inspector before making repairs
Q: When I bought my home, I made the mistake of not being present for the home inspection. Instead, I trusted that the inspector did a good job and that his report was accurate. After moving in, I began finding things the inspector had missed. Worst of all was moisture and rotted wood at the base of the kitchen cabinets. I spent a great deal of money to have these cabinets replaced. What recourse do I have against the home inspector for missing this problem?
A: Your claim against the inspector is weakened because the damages are no longer available for reinspection. The basis for your claim depends upon whether the moisture and rotted wood were visible and accessible at the time of the inspection. For this reason, most home inspection contracts specify that the inspector should be notified of missed defects prior to having them repaired.
If the cabinets are gone, so is the evidence. When you discovered the damage, you should have notified the home inspector, as well as the pest inspector. Both were responsible for finding that kind of defect. If you haven't yet disposed of the damaged cabinets, you should call both inspectors as soon as possible.
Q: We have standing water in the crawl space under our house, but the source is a mystery. We checked the water pipes and sewer lines but found no damage or leaks. What can we do?
A: There are two possible sources for the water beneath your house. Either there are plumbing leaks in buried portions of the plumbing, or there is a problem with ground water drainage.
Water line leakage can be determined by observing your water meter for a period of 15 minutes while no plumbing fixtures are in use. If the gauge advances, there is a leak. To determine underground waste line leakage requires the expertise of a qualified plumber. A video inspection of drain lines may be necessary.
If no plumbing leaks are found, the water source is most likely faulty ground drainage. For a comprehensive evaluation of site drainage, a geotechnical engineer should inspect your property.
Q: Before we bought our home, we hired a home inspector and relied on his advice. During the inspection, he told us the seller had mentioned a plumbing problem involving slow drains. But he did not include this in his report and did not indicate any need for concern or further investigation. Now that we own the home, we've learned that the entire drainpipe system needs replacement. Shouldn't our inspector have red-flagged this problem?
A: If the inspector was aware that the waste line system was slow, it was his responsibility to recommend further evaluation by a licensed plumber. It was also his responsibility to indicate this disclosure in the written inspection report, rather than merely mentioning what the seller had said.
Failure to report such conditions in writing and to recommend further evaluation by a qualified specialist constitutes professional negligence.
There is also the matter of seller disclosure. If the seller mentioned this problem to your home inspector, was this also stated in the seller's disclosure statement, as required by state law? If not, the seller, as well as the home inspector, bear some liability.
• To write to Barry Stone, a certified building inspector, email barry@housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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