Undisclosed Septic Problem

Nov 12 2014

The House Detective: by Barry Stone, Certified Home Inspector

Dear Barry:  Two days after we moved into our home, the septic system backed up into the tub and toilet. This was a big surprise because the septic had been inspected and approved by a septic contractor before the close of escrow. We called a different septic contractor, and he said the leach field needs to be replaced for thousands of dollars. We called two other contractors for additional quotes. One of them told us that he had inspected the system a few months ago and had told the previous owners about the failed leach field, but the sellers never disclosed this to us. Another contractor told us that the Realtor was liable for recommending a septic contractor who is not licensed. The sellers have moved out of state, so we can’t hold them liable. What can we do to recoup this unexpected expense?  Jason

Dear Jason:  Sellers who conceal known defects from buyers are worthy of public disgrace. Unfortunately, your sellers seem to be out of harm’s way, having moved out of state, which leaves their agent and the agent’s septic contractor as the potentially liable parties. The agent is at fault for recommending an unqualified contractor. The contractor is culpable for issuing false findings, especially if this was done without a license.

To verify whether the septic contractor was, in fact, operating without a license, you should contact the state agency that issues licenses to contractors. Even if the contractor is licensed, there is the issue of the false septic report.

The agent, broker, and septic inspector should be notified by certified mail of the current situation. If no one is willing to pay for a new leach field, you probably have a strong case for small claims court. In any event, you should get some advice from a real estate attorney regarding your available remedies under law.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Home Inspector’s Halloween

Oct 22 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  You never do columns that recognize holidays. Even at Christmas time andthe 4th of July, your articles are always about property defects, real estate disclosure, and home inspections. Now that Halloween is here, how about a spooky house story? Something in keeping with the season. Surely you’ve inspected a few creaky old houses. How about it?  Bram

Dear Bram:  Home inspections tend to be business-as-usual events: checking the foundations, roofing, plumbing, electrical wiring, etc. But there was one inspection that I recall with dread and discomfort; an inspection where property defects ceased to be of concern, where routine was over-shadowed by fear, where disclosures were eclipsed by a frenzied struggle to flee the premises. And it just so happened that this inspection occurred on the eve of Halloween.

The house was an old, neglected, two-story Victorian, with leaning fences, tangled vegetation, and dense vines engulfing the walls, windows, and roof. The property, in escrow as a probate sale, had been the subject of headlines when the owner was found hanging from the rafters of the foyer. The police investigation had not determined whether death was from suicide or foul play, and the body’s subsequent disappearance from the local mortuary had unsettled the community.

The buyers and agent were unable to attend the inspection, but the agent had left a key under the mat. Bracing myself in the cold gloom of the dilapidated porch, I pressed open the massive door, entered slowly, and commenced what I had hoped would be a routine inspection. But then, beneath the lofty ceiling of the dark interior, I beheld the silhouette of the noosed rope, still attached to a high, dusty beam. A foul odor of decay permeated the stagnant air, and I recalled reading that the previous owner had spent many days at the end of that rope before the neighbors had found him. The prospect of working alone in those dim, silent rooms unsettled me, and my foremost thought was to complete the job and get out of that ominous place.

A steep, ladder-like stairway descended to the unpaved basement floor, where I proceeded to inspect the moss-covered stone foundation walls, but the sounds of creaking timbers echoed throughout the building, disrupting my attention. In spite of this distraction, I busied myself and tried to dismiss my uneasiness. But then there seemed to be a different sound, somewhere at the far end of the upstairs hallway. At first, it blended with the incessant creaking of the structure, but the difference was unmistakable. This was not the sound of old rafters. It was the slow but steady cadence of footsteps. Someone was in the house.

Hoping to hear the voice of the real estate agent, I called out, “Hello, is someone upstairs?” No one answered, but the footsteps continued toward the basement entrance and suddenly stopped at the top of the stairwell. I called again, “Hello, who’s there?” Again, no answer. Then, a shadow appeared on the stairs and moved slowly, silently downward.

A dark, disfigured form gradually took shape, the head laid awkwardly against the left shoulder. Yet my attention was drawn from this to some shadowy, indistinct object that dangled from his left hand. As he reached the basement floor, a putrid foulness filled the room, so that breathing became forced and repugnant. Gripped with horror and disbelief, I was unable to move. But then, the eyes of that disjointed head found me, the lips formed a sardonic grin, dripping with thick gray saliva, and my mobility was wakened by a wave of terror. Grasping the top of the nearest foundation wall, I squeezed into the narrow space between the ground and the floor framing, seeking desperately for any path of escape. But as I looked back, the advancing form appeared atop the foundation wall and steadily pursued me into the dark crawlspace.

I scrambled breathlessly past rows of old stone piers, reaching a dead-end corner where the foundation walls joined, and realized with desperate finality that I could flee no further. Somewhere is the nearby darkness, I could hear that half dead form crawling toward me. Clutching at my flashlight, I pressed the switch and was startled by the impending nearness of the face: the glare of cold eyes, the glint of gray teeth, the viscous fluid that dripped from grimacing lips — and that mysterious object gripped in his left hand and dragging on the ground as he approached.

Terror pounded in my chest as I faced those final, hopeless, remaining seconds. The feet between us became inches. His right hand gripped my ankle with frightful force as he drew forward. Then his left hand extended the old gunny sack that he held, and the acrid smell of cold breath filled my face, as he cried, “Trick or Treat!!”

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Home Inspector Afraid To Get Camera Dirty

Sep 19 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  I’m selling my home, and the buyers’ inspection report was hideous!  According to the home inspector, the toilets are loose, but I’ve pushed against them and they don’t budge. The worst part of the inspection report was the list of supposed defects under the building. According to the home inspector, some of the framing is rotted, and dead rats need to be removed. I asked him for photos of these conditions, but he said he didn’t want to get his camera dirty in the crawlspace.  Making matters worse, the buyers’ agent said it was illegal for me to be present during the inspection. And one more thing: the inspector said that debris in the spider webs might be dead carpenter ants. Who knows, maybe I have a cobra living down there, too!  Randy 

Dear Randy:  If the home inspector’s findings are questionable, you should state this in writing to the buyers, and the inspector should have to verify his findings with photos. If he doesn’t want to get his camera dirty, he should place it inside a plastic bag, or perhaps he could borrow your camera. In any event, he should have to show exactly what he saw regarding the foundation, dead rats, carpenter ants, etc. It would also be wise to hire your own home inspector to provide a second opinion of the property’s condition. If the buyers back out of the deal, a second inspection will help to provide disclosure to future buyers.

As for the agent: The idea that it is illegal for you to be in your own home during a home inspection is preposterous. It is your home. You own it, and you have the right to be there any time you want, regardless of home inspections, cobras, or any other circumstances.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Buyer Worried About Nonpermitted Fixtures

Aug 15 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  The home I am buying has fixtures that were installed by the sellers themselves, without permits. These include the 8-year-old heating and air conditioning system and the 10-year-old water heater. Should I accept these fixtures as they are or should I insist that they be permitted?  Susan

Dear Susan:  If the HVAC system and water heater were installed without permits, and particularly if they were installed by nonprofessionals, it is almost certain that they are not installed to code, and this could involve significant safety violations. The fixtures should be evaluated by a licensed plumbing and HVAC contractor, as well as by your home inspector, to verify the safety and integrity of these systems. If problems are found, you should request that the sellers make all necessary repairs.

The 10-year-old water heater is already past its expected useful life and will probably need replacement soon. Therefore, obtaining a permit at this late date is not a critical issue. The 8-year-old HVAC system, on the other hand, should still have years of remaining useful life. Therefore, it is recommended that an as-built permit be obtained for this system to enable the building department to inspect and approve the installation.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

White Debris From Forced Air Heating

Jun 10 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  Ever since we installed wood flooring, we notice little white granules on the floor every morning. We previously had white carpet, so we never noticed this before. We suspect that this is coming from the forced air registers in the ceiling, but we had the furnace checked by a heating contractor. He said the system was OK. We’re tired of vacuuming every day and are worried that this might be a health risk. What do you recommend?  Joan

Dear Joan:  If the white granules are coming from the heating system, this could be the symptom of a serious defect in your furnace. Step one is to confirm whether the forced air heating system is the source of the white granules. To do this, you should place filters inside the air registers where the problem is occurring. If white particles show up on the filters, the furnace is the source of the problem. If your heating contractor failed to identify this, you should contact another heating contractor and should discontinue use of the system until you have a reliable evaluation.

The combustion exhaust in a furnace is acidic. If this makes contact with galvanized steel, the acid will react with the zinc in the galvanizing, and this can produce a white powdery residue, as is commonly seen on the terminals of a car battery. If this substance is getting into the circulating air system, there could be a crack or hole in the heat exchanger, and that would be hazardous. Again, you should have this system thoroughly evaluated by a qualified HVAC contractor. You can also have the white particles analyzed by an environmental laboratory to determine their chemical composition. 

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Agent Gives Bad Inspection Advice to Buyers

May 22 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  We are currently buying a home and are troubled about our recent home inspection. Our agent recommended this inspector as the one she always uses, and she advised us not to attend the inspection, saying that most buyers do not attend home inspections. We have since learned that most agents give buyers a list of three home inspectors, advising them to choose one. We would actually like to hire another home inspector for a second opinion, but we don’t want to offend our agent. We can’t afford to buy a fixer-upper and are wondering what we should do. What do you recommend?  Jenn

Dear Jenn:  Choosing a home inspector can be a problem when you rely on someone else’s choice rather than your own. When referrals come from Realtors, the results can be good or bad, depending on the agent. Some Realtors recommend qualified home inspectors and some do not. Some give a list of three qualified home inspectors, and some give lists of mediocre inspectors. Therefore, whether you were given a list or a single referral is not a determining factor.

The red flag in your situation was your agent’s advice not to attend the inspection. No knowledgeable, experienced agent who is honest and ethical would give such misleading advice to a client. Your presence at the inspection was not only a good idea; it was essential. You are on the verge of making an extremely expensive investment. Your home inspector is there to educate you about the condition of the property so that you can make a wise purchase decision. What your agent did was to limit your exposure to the information you need from your inspector. Again, this is not something that an honest and ethical agent would do.

A second home inspection is definitely a good idea, and you should not worry about whether this is objectionable to your agent. It is her job to protect your financial interests. If she doesn’t perform that duty, you need to do it for yourself. If a second inspection reveals defects not found by the first inspector, your agent should reimburse you for the first inspection.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Home Inspector Pans Remodeled Home

Apr 23 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  We’re selling our house after spending $150K on a complete remodel. The place is in excellent shape, but the buyers’ home inspection report was hideous! The inspector said the toilets are loose and need new seals, but they were installed less than a year ago, and we can’t budge them. He also said the framing is rotted under the house, but we’ve had all of that repaired. When we asked why there were no foundation photos in the report, he said he “didn’t want to get his camera dirty.” We think the inspector wrote a bad report to help the buyers negotiate a lower price. Another related problem is that we wanted to be home during this inspection, but the buyers’ agent said it was illegal for us to be in the house when the inspection was being done. This is such a mess, but we don’t know what to do. What do you recommend?  Randi

Dear Randi:  If the home inspector’s findings are questionable, you should state your concerns in writing to the buyers, and the inspector should verify his findings with photos. If he doesn’t want to get his camera dirty, he should cover it with a plastic bag while he is under the house, or perhaps he can borrow your camera. Either way, he should show exactly what he saw regarding the alleged wood rot.

It is also wise to hire your own home inspector to provide a second opinion of the property’s condition. If the reports agree, you can have the defects repaired. It they differ, the one whose finding agree with the photos wins. If the buyers back out of the deal, the second inspection report will help to provide disclosure to future buyers.

As for the Realtor: The idea that it is illegal for you to be in your own home during a home inspection is preposterous. It is your home. You own it. You have the right to be there any time you want, regardless of home inspections or other circumstances. The agent can request that you not be home during the inspection, but no one can legally compel you to leave your home.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Agent Advises Buyers Not to Attend Home Inspection

Mar 14 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  We are in escrow to buy a home, and we hired the home inspector who was chosen by our real estate agent. When my husband asked if he could attend the inspection, our agent told him there was no need to attend and that most homebuyers don’t. Not knowing any better, we agreed to hire her inspector and simply wait for the report. Since then, we’ve read articles that say an agent should give buyers a list of home inspectors from which to make their own choice. Now we want to hire an inspector of our own to do a second inspection, but we don’t want to offend our agent. At the same time, we don’t want to buy a money pit because we didn’t get a good inspection. What do you advise?  Jenn

Dear Jenn:  Choosing the inspector for you, rather than allowing you to choose for yourselves, may or may not have been a bad thing. Some agents choose inspectors who are competent and highly qualified, while other agents choose inspectors whose work is not very thorough. Likewise, there are agents who give their clients a list of competent home inspectors, while other agents provide lists of the less qualified.

Your agent’s big mistake was advising you and your husband not to attend the inspection. Agents who are honest and ethical do not give that kind of misleading advice to clients. Your presence at the home inspection was more than just a good idea: It was essential. You are on the verge of making an extremely high-cost investment. The home inspector was there for one purpose — to educate you about the condition of the property so that you could make a prudent purchase decision.

In advising you not to attend the inspection, your agent has limited your exposure to the information you need from your inspector. Again, that is not something that an ethical agent would do.

A second inspection by a home inspector of your choice is not a bad idea, and you shouldn’t worry about whether this is objectionable to your agent. It was her job to protect your financial interests. If she is not performing that duty, then you should do it for yourselves.

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Confusion Over Roofing Defects

Feb 06 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  When we bought our house, the home inspector identified several roof defects and recommended repairs by a licensed roofing contractor. The seller hired a roofing contractor to repair the conditions in the inspection report. But now we are having leaks in places that were not mentioned in the inspection report. Do we have recourse against the inspector?  Frank

Dear Frank:  The home inspector identified the fact that roof repairs were needed. It is possible that he failed to recognize other problem areas. However, it is also possible for a roof to leak in places where there are no visible defects. You should call your inspector and ask for a re-inspection of the places where the recent leaking occurred.

You should also ask the roofing contractor to attend that meeting. It was the job of the roofing contractor to review the entire roof to make sure that there were no visible defects besides the ones mentioned in the inspection report. If the contractor merely repaired the reported defect, without reviewing the entire roof, then he was not doing a thorough job.

Another possibility is that the roofing contractor did review the entire roof and did discover additional defects. In that case, it would have been the seller’s decision whether to pay for the additional repairs.

Whatever circumstances led to the lack of adequate roof repair will be matters for discussion when you meet with the inspector and the contractor.

 

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Home Inspector Makes Suspicious Mold Disclosure

Jan 15 2014

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry:  Our home recently fell out of escrow, and the circumstances were very suspicious. The buyers hired a home inspector who reported that we have mold. We were unable to see any mold, but the inspector said it was only visible with a special flashlight. We agreed to remove the mold ourselves, but the buyers said they wanted it done by a professional. Lo and behold, the home inspector was also in that line of work – for a fee of $1500. While we were negotiating this, the buyers cancelled the sale. What do you think of this situation?  Valerie

Dear Valerie:  The fact that the home inspector was ready to remove mold that no one else could see is highly suspect. Furthermore, it is a conflict of interest for a home inspector to perform repair work on a home that he has inspected. To do so violates the codes of ethics of every home inspector association.

The main issue for now is to determine whether you actually have mold in your home and what to disclose to future buyers. To answer the mold question, you should hire a professional mold inspector for an evaluation. If mold is found, you can have a qualified contractor do the remediation. And make sure that the one who does the removal is not the one who did the inspection.

If it turns out that you do not have mold, you can use the mold report for disclosure to future buyers. You can also use the report as evidence if you file an ethics complaint against the home inspector.

 

The House Detective is distributed by 1000WattConsulting. Do not republish without written consent. To purchase reprint rights please contact marc@1000wattconsulting.com

Questions regarding home inspection please email Barry Stone at questions@housedetective.com

Barry Stone

Barry StoneKnown today as "America's House Detective," Barry advises readers from coast to coast about home inspection and real estate disclosure, providing honest clarity, fresh wit, consumer protection, and even-handed fairness in his responses to real estate questions. Read more.

  Ask The House Detective

  1.  *
  2.  *
  3.  *
  4.  *
  5. captcha


Home Inspections by Barry

    Categories

    Agents Agents referring inspectors Aluminum wiring Asbestos ASHI As is Backdraft Banks Basement Bathroom Bedrooms Breaker panel Builder Liability Builders Building code Building contractors Buyer Beware Carbon Monoxide Central Heating System Certificate of occupancy Chimney Commercial real estate Complaints Concrete concrete pavement Contractor Copper piping Cottage cheese ceiling County Assessor Crawlspace CREIA Damage Deal Killers Demands Disclosure Double tapping Drainage Dryer exhaust ducts Dryrot Electrical Electric Radiant Heat Energy Ethics FHA Appraisers Fire Damage Fire hazards Fireplace Fire wall Forced air French doors Furnace Gas Easement Gas piping Hard wood flooring Heat exchangers Heating System Hidden defects HOA Home inspection career Home Inspector Hot Water HUD Inspection advocacy Inspector Liability Inspector referral Inspector responsibility Insurance integrity International Residential Code Investor Leaks Legal action Liability Lot line Mold Municipal building inspectors NACHI NAHI National Electrical Code New Home New Realtor nternational Residential Code Permits Plumbers Plumbing Polybutlylene Pipe Radon Realtors Red Tagged Red tagged home Roof Safety San Luis Obispo Seller Seller Liability Septic System Setback Sewer line Shady inspection Shower Skylights Tenant Termites Tile roof Toilets Tree roots Uncategorized Unethical Home Inspector Uniform building code Unpermitted addition Unpermitted home Vapor barrier Ventilation Ventless gas fireplace Ventless Gas Fireplaces Ventless Gas Heater Very bad advice Wallpaper Water Heater Water stain Windows