Even after a year, owners should hire an inspector

Question: We bought our home about a year ago in a hurry because our landlord had given us notice. If it hadn't been for the rush, we might have had a home inspection, but our real estate agent assured us that we didn't need one because the house had been "well cared for."

We've since spent money on plumbing, electrical and miscellaneous repairs. The seller omitted all these problems from his disclosure statement, but we're especially disappointed in our agent for the faulty advice. Shouldn't she have recommended a home inspection, and isn't she or the seller liable for these repairs?



Answer: You had every right to expect full disclosure from the seller, as required by law, and proper advice from your agent. Competent agents know that it is unethical to discourage a buyer from hiring a home inspector. There is no situation when an agent should advise against a home inspection, regardless of whether the home is new, well maintained or being sold as is.

Find the most qualified and experienced home inspector in the area and have your home thoroughly evaluated. A good inspector will find more defects than you have yet discovered.

After you have the inspection report, there may be cause for legal action against the agent and the seller. That is something you'll have to decide when you know the full extent of undisclosed defects.



Window error or faulty advice?

Question: My windows were replaced about three years ago by a company that is no longer in business. Recently another window contractor said that the patio door and some of the windows were installed incorrectly because they are on the weather-beaten side of the house that gets most of the wind and rain. I've never had leaks or problems with any of the windows and am wondering whether I should be concerned about the contractor's opinion. What do you think?



Answer: Who ever heard of installing windows differently when they are on the weather-beaten side of a building? All windows should be installed to maximize weather resistance. Don't be persuaded by the opinion of this window contractor. But to be sure, hire another window company to evaluate the installation in question.



The problem may have deep roots

Question: We are purchasing a home that needs many repairs. Our main concern is that the foundation may have been damaged by roots from nearby trees. How can we determine the extent of this problem?

Answer: If the trees have done significant damage to the home, some evidence would be visible. Are there cracks in the foundation or the walls? Are the floors out of level or the doors or windows misaligned? If so, a structural engineer should be consulted.



Warranty firm ducking claim

Question: Before I bought, my inspector said something was wrong with the heating and air-conditioning system and recommended a review by an HVAC contractor. The seller had the home-warranty company check it, and they left a receipt saying that it was in working condition. But shortly after I moved in, the system stopped working. The warranty company says that the problem is not covered because it is a preexisting condition. Can I get them to honor this claim?



Answer: If the warranty company inspected the HVAC system and certified it as operative, then they cannot justifiably claim that the problem was preexisting. Hopefully, you kept a copy of that receipt. If they refuse to take responsibility, you should file a complaint with the state agency that regulates insurance companies, or you can file a suit in Small Claims Court.

To submit a question, go to www.housedetective.com.