Archive for October, 2009


Home Inspector’s Halloween

Oct 29 2009

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry: You never do columns that recognize holidays. Even at Christmas time and the 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 had been 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. Pressing open the massive door, I entered slowly and commenced what I had hoped would be a routine inspection. But then, beneath the lofty ceiling of the darkened interior, I beheld 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 man 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 stairway descended to the basement, where I proceeded to inspect the old stone foundations, but the sounds of creaking timbers echoed throughout the building, disrupting my attention. And then there seemed to be a different sound, somewhere upstairs. At first, it blended with the incessant creaking of the structure, but the difference soon became apparent. This was not the sound of timbers. It was the slow but steady motion of footsteps. Someone was in the house. Hoping that it was the real estate agent, I called out, “Hello, is someone upstairs?” No one answered, but the footsteps continued down the hallway and stopped at the dark entrance to the basement staircase. I called again, “Hello, who’s there?” Again, no answer. Then, a shadow appeared on the stairs and moved slowly, silently downward.

The dark, disfigured form gradually took shape, his head laid awkwardly against his 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 difficult 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. Clawing my way up the basement wall, I squeezed into the narrow space between the ground and the floor framing, seeking desperately for any way of escape. But the advancing form appeared atop the foundation wall and steadily pursued me into that dark crawlspace.

Trapped in a corner where the foundation walls joined, I 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 was startled at the impending nearness of his 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.

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 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

Buyer Takes Issue With Seller’s Disclosure Statement

Oct 15 2009

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry: I recently made a purchase offer on a house. The seller’s disclosure statement listed no defects, but the offer was contingent on a clean home inspection report. So I hired a home inspector and also ordered an appraisal for a total cost of $700. When I read the inspection report, I couldn’t believe the number of major issues that needed attention, from standing water under the building to rotted wood on the roof. Because of this, I’ve decided not to buy the house. Since the seller’s disclosure statement listed no defect, is he liable for the money I spent on the inspection and appraisal?  Dan

Dear Dan: Unless you can prove that the seller concealed known defects in the disclosure statement, he is not responsible to reimburse your costs. The purchase contract was contingent on your acceptance of the home inspection report. Therefore, your only options are to cancel the transaction or renegotiate the contract.

Reliance on seller disclosure statements is usually disappointing. In most cases, disclosure statements are worth less than the squares of toilet tissue they might have been printed on. A home inspection report, if properly prepared by a qualified professional, will always reveal more than a disclosure statement.

In most cases, sellers are simply unaware of defects in their homes, although there are instances where sellers deliberately conceal known defects. The seller in your case may never have looked under the building and may have been totally unaware of the drainage problem. Likewise, he probably never walked on the roof or crawled through the attic, and therefore had no idea that the wood was rotted.

It is unfortunate that you hired an appraiser before you reviewed the home inspection report. The appraisal should have been done after you considered the physical condition of the property. That would have limited your nonrefundable expenses.

Dear Barry: When we bought our home, the sellers prevented our home inspector from inspecting the attic. They simply told him that there was no access, and he merely confirmed this in his inspection report. We later discovered that the access was on the wall of the master closet, behind some clothes. Our concern now is whether we have asbestos insulation in our attic. If so, are the sellers liable for asbestos removal?  Kim

Dear Kim: The sellers must have known about the access panel in the closet, although they may not have realized it was the entry to the attic. On the other hand, there may have been some attic issues that they wanted to hide. The answers to these questions may never be known. The main focus now is to inspect the attic for possible defects.

Asbestos in the attic is only likely if the home dates back to the early 1970′s. At that time, asbestos was used for air duct insulation and for flue pipes. It was not used, however, to insulate attic spaces. Attic insulation typically consists of fiberglass, rock wool, or recycled cellulose.

The one error that was made by your home inspector was to confirm the lack of an access with no further comment. The disclosure in the inspection report should have been: “No attic access was found. It is recommended that an access be made to enable completion of this inspection.” (or words to that effect)

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 Ethics FHA Appraisers Fire Damage 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 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