Buyer Alleges Faulty Home Inspection

Feb 24 2008

The House Detective by Barry Stone, Certified Home Inspector

Dear Barry: We purchased our home 1 1/2 years ago, and our home inspector missed a number of problems. These include rotten eave boards, a bad roof, a rusted water heater, garage door openers not equipped with safety eyes, rotted window frames, an unvented kitchen stovetop, a broken vent on the furnace, and the list goes on. We trusted him because he was recommended by our Realtor. Do we have any recourse? Sandra

Dear Sandra: The first step in the process of recourse is to notify the home inspector and the agent that these problems were not disclosed. You should invite them to your home for a review of these issues. And be sure to do this before making any repairs because corrected problems are not as negotiable as existing ones. Be aware also that not all of the issues you listed are within the scope of a home inspection and some may not involve actual defects. Here are some examples:

  • Rotting wood at the eaves and windows may or may not be included in the scope of the inspection. You should check the inspection contract in that regard. Termite inspectors are the ones who typically inspect for rotted wood.
  • Older garage door openers were not required to have safety eyes.
  • In most states, venting is not required at a kitchen range.

On the other hand, the rusted water heater, the broken furnace vent, and the faulty roof should have been disclosed by the inspector if the problems were visible at the time of the inspection.

It is an unfortunate reality of the real estate business that some agents cannot be trusted to recommend the best home inspectors. This does not apply to all agents, but it does apply to some. Therefore, your agent should be asked, “Was this the most thorough and experienced home inspector you know?” In most cases, agents know which inspectors are the best. If you can get the name of a “top gun” home inspector in your area, a second inspection would be advisable. This may alert you to additional problems that may have been missed by the agent’s 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

2 Comments

  1. an inspector whom does not “catch” any heater ducts under the house or NO vents in the floors?? is that on him?

  2. Hello Ann,
    Home inspectors are liable for conditions that are visible and accessible at the time of the inspection. An inspector who fails to identify visible defects in the ducts and vents of the heating system should take some responsibility for that oversight.

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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.

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